Law and Legality in the Ottoman Empire and Republic of Turkey

Law and Legality in the Ottoman Empire and Republic of Turkey

Edited by Kent F. Schull, M. Safa Saracoglu and Robert F. Zens
Distribution: Global
Publication date: 01/07/2016
Format: Paperback 1 b&w illus
ISBN: 978-0-253-02092-5
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The editors of this volume have gathered leading scholars on the Ottoman Empire and the Republic of Turkey to chronologically examine the sweep and variety of sociolegal projects being carried in the region. These efforts intersect issues of property, gender, legal literacy, the demarcation of village boundaries, the codification of Islamic law, economic liberalism, crime and punishment, and refugee rights across the empire and the Aegean region of the Turkish Republic.

Author Bio

Kent F. Schull is Associate Professor of Ottoman and Modern Middle East History at Binghamton University, SUNY. He is author of Prisons in the Late Ottoman Empire: Microcosms of Modernity and coeditor (with Christine Isom-Verhaaren) of Living in the Ottoman Realm: Empire and Identity, Thirteenth to Twentieth Centuries.

M. SafaSaraçolu is Associate Professor of History at Bloomsburg University of Pennsylvania.

Robert Zens is Associate Professor of History at LeMoyne College. Schull and Zens are coeditors of the Journal of Ottoman and Turkish Studies.


“In all, this collection of essays, while not for the lay reader, is a welcome scholarly contribution to the study of law and legal affairs in the Ottoman Empire, with an emphasis on legal reforms, the politics of managing empire-citizen relationships, and institutional legal responses to challenges from Western powers. As such, this volume opens a new perspective for historians to develop and explore further.”
 — Middle East Quarterly

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Table of Contents

1 The Editors: Introduction
2 Timothy Fitzgerald: Reaching the Flocks: Literacy and the Mass Reception of Ottoman Law in the Sixteenth-Century Arab World
3 Hadi Hosainy: Ottoman Legal Practice and Non-Judicial Actors in Seventeenth-Century Istanbul
4 Michael Nizri: Defining Village Boundaries at the Time of the Introduction of the Malikane System: The Struggle of the Ottoman State for Reaffirming Ownership of the Land
5 M. Safa Saraçolu: Economic Interventionism, Islamic Law and Provincial Government in the Ottoman Empire
6 Kenneth M. Cuno: Reorganization of the Sharia Courts of Egypt: How Legal Modernization Set Back Women’s Rights in the Nineteenth Century
7 Nora Barakat: Regulating Land Rights in Late Nineteenth-Century Salt: The Limits of Legal Pluralism in Ottoman Property Law
8 Samy Ayoub: The Mecelle, Sharia, and the Ottoman State: Fashioning and Refashioning of Islamic Law in the Nineteenth and Twentieth Centuries
9 Kenty F. Schull: Criminal Codes, Crime, and the Transformation of Punishment in the Late Ottoman Empire
10 Ellinor Morack: Refugees, Locals, and "The" State: Property Compensation in the Province of Izmir Following the Greco-Turkish Population Exchange of 1923
11 Index

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