Ottoman Criminal Law – an Attempt to Create Modern Legislation

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Neli Radeva ◽  

During the 19th century, Ottoman law was influenced by the West. The Tanzimat reforms marked the beginning of criminal codification in the Ottoman Empire, whose Penal Code was adopted in 1858. It was modern in terms of format and content, and it differed from the penal laws of 1840 and 1851. Its first article stated that it shall not repeal the provisions of Sharia law. This dual nature of the code caused a lot of confusion. The complete replacement of Sharia law with modern European law did not happen suddenly, but gradually. This was necessary for the government to embrace the new ideas and understandings of the modern societies at that time. Therefore, the attempts of the Ottoman authorities to modernize the Empire’s laws, particularly the ONK, cannot be denied.

2008 ◽  
Vol 40 (4) ◽  
pp. 547-549
Author(s):  
V. Necla Geyikdagi

“Jack of all trades” Ahmed Midhat Efendi, one of the most famous and popular Ottoman writers of the 19th century, ranged widely in his subject matter, which included economics. Although he was criticized for not having a proper education in the field, his independent thinking made him the most important critic of the laissez-faire system that prevailed in the Ottoman Empire. He disapproved of the liberalism transferred from the West in a normative framework.


Arabica ◽  
2016 ◽  
Vol 63 (6) ◽  
pp. 627-655
Author(s):  
Renaud Soler

Alphonse Dupront analysed in Le mythe de croisade the survival of the idea of Crusade until the contemporary era. In this history, the 19th century has a special interest, since it actualized this latent virtuality of the western collective consciousness, and gave it new directions. The rediscovery of Palestine was made possible by the conjunction of very different factors such as the revolution in transportation, the rise of European imperialism, or the internal reforms in the Eastern countries (Egypt and the Ottoman Empire). The episteme of the Western sciences was also transformed by the emergence of new disciplines (biology, geology, philology), and the gradual formation of archaeology. The Christian and biblical Holy Land was rediscovered by the biblical archaeologists, and its image disseminated well beyond the scholars and learned men. This article studies some of the mechanisms of dissemination of these discourses, overall in the protestant world, and points to the connection to the birth of the Zionist movement: it has given more and more importance to the matter of the land, which has become in the 20th century the main issue, and has largely used not only results from the biblical archaeology, but also its methods for naming and framing the territory. Thinking about the birth of a Western protestant way of seeing the Holy Land lets us understand better the relations between Israel and the West since World War ii, and we must finally remember of Alphonse Dupront’s wider project, who tried to promote history as a psychoanalysis of the western collective consciousness and consequently a way of mutual understanding. This article is a contribution to such a project. Alphonse Dupront avait livré dans Le mythe de croisade une analyse magistrale de la survivance de l’idée de croisade jusqu’à la période contemporaine. Le xixe siècle joua dans cette histoire un rôle central, en rechargeant cette virtualité de la conscience collective et en lui imprimant de nouvelles directions. La redécouverte de la Palestine fut rendue possible par la conjonction d’éléments aussi divers que la révolution des transports, l’affirmation de l’impérialisme européen ou les réformes internes des États du Proche-Orient (Égypte et Empire ottoman) ; l’épistémè des sciences occidentales se transforma quant à elle de façon significative, avec l’apparition de nouvelles disciplines comme la biologie, la géologie ou la philologie, et la structuration progressive de l’archéologie. La Terre sainte, chrétienne et biblique, fut redécouverte par les archéologues et son image diffusée dans des cercles beaucoup plus larges que les simples savants ou érudits. Cet article étudie quelques-uns des mécanismes de dissémination de ces discours dans les milieux protestants et réfléchit à son lien avec l’émergence du sionisme, pour lequel la terre d’Israël devint l’enjeu principal au cours du xxe siècle, et qui remploya résultats et méthodes de l’archéologie biblique. En définitive, faire retour sur l’éducation du regard occidental, singulièrement, sur la Palestine, au xixe siècle, permet de mieux comprendre les relations internationales entretenues avec Israël depuis la Seconde Guerre Mondiale. Or, une part importante du projet d’Alphonse Dupront fut très tôt de faire de l’histoire une psychanalyse de la conscience collective, partant une véritable thérapie, par l’inventaire des passions collectives : cet article y contribue. This article is in French.


2020 ◽  
pp. 18-39
Author(s):  
M. Hakan Yavuz

This chapter examines the origins, meaning, and failure of Ottomanism as a state-centric identity. The initial questions include, What are the key causes of the longing for the Ottoman Empire? What are the social implications of nostalgia for the past? What explains the current wave of Ottoman romanticism? This chapter argues that nostalgia in this instance is a bottom-up phenomenon. It traces the changing meaning of Ottomanism by exploring its historical origins in the second half of the 19th century. The chapter follows the Tanzimat Reforms of 1839 and the inevitable decline of the Ottoman Empire. The idea of Ottomanism as a new state-centric identity to unify diverse ethnic and religious groups was promoted by a small Westernizing elite, known as the Young Ottomans. The chapter’s closing question is, What was the purpose of creating a new state-centric Ottoman identity?


2017 ◽  
Vol 9 (1) ◽  
pp. 219
Author(s):  
Zahra Khosravi Vamkani ◽  
Mahdi Najafi Koomleh

The most important reasons of the appearance of new literary movements in the Arabic countries can be the collapse of the Ottoman Empire, the dispatch of students and the people’s emigration to Europe, the establishment of printing, newspaper and magazine industry.In fact, the 19th century is the age of awakening of Arabic countries and their relationships with European countries. Meanwhile, thinkers such as Ahmad Fars Shadiaq have attempted more for opening the west civilization gates and advancement of the goals of this movement. In this era, the civilization gates were more opened to all groups living in the society and the cause of dehiscence of potential talents in Arabic countries was provided and it internalized the backgrounds of development, promotion and civil amendments of these countries.In the present study, the attempts have been made to investigate the shut-in-personality of Ahmad Fars Shadiiaq and the reflection of west culture in his works regarding the individual freedoms, social justice and women.


2001 ◽  
Vol 33 (1) ◽  
pp. 49-68 ◽  
Author(s):  
Asli Çirakman

This study aims to examine the way in which European writers of the 16th, 17th, and 18th centuries represented Ottoman government. The Ottoman Empire had a special place in European experience and thought. The Ottomans were geographically close to Western Europe, yet they were quite apart in culture and religion, a combination that triggered interest in Turkish affairs.1 Particularly important were political affairs. The Ottoman government inspired a variety of opinions among European travelers and thinkers. During the 18th century, the Ottomans lost their image as formidable and eventually ceased to provoke curiosity in the European public. They were no longer dreaded as the “public calamity”; nor were they greatly respected as the “most modern government” on earth. Rather, they were regarded as a dull and backward sort of people. From the 16th century to the 19th century, the European observers employed two similar, yet different, concepts to characterize the government of the Ottoman Empire. The concept of tyranny was widely used during the 16th and 17th centuries, whereas the concept of despotism was used to depict the regime of the Ottomans in the 18th century. The transition from the term “tyranny” to that of “despotism” in the 18th century indicates a radical change in the European images of the Ottoman Empire. Although both of these terms designate corrupt and perverse regimes in Western political thought, a distinction was made between tyranny and despotism, and it mattered crucially which term was applied to the Ottoman state. European observers of the empire gave special meanings to these key concepts over time. “Tyranny” allowed for both positive and negative features, whereas “despotism” had no redeeming features. Early modern Europeans emphasized both admirable and frightening aspects of Ottoman greatness. On the other hand, the concept of despotism was redefined as inherently Oriental in the 18th century and employed to depict the corruption and backwardness of the Ottoman government. This transformation was profoundly reflected in the beliefs of Europeans about the East. That is, 18th century thought on Ottoman politics contains a Eurocentric analysis of Oriental despotism that is absent from the discussions of Ottoman tyranny in earlier centuries.


2018 ◽  
Vol 18 ◽  
pp. 77-92
Author(s):  
Esther Zyskina

The paper considers is the transformation of the image of the Ottoman Empire in the publicistic texts by Ephraim Deinard, outstand ing Jewish writer and journalist of the turn of the 19th and 20th centu ries. The research was based on two Deinard’s works, “Atidot Israel” (“The Future of Israel”, 1892) and “Tzion be’ad mi?” (“Zion for Whom?”, 1918), which deal with a variety of topics, including Deinard’s opinion on the Ottoman Empire. In particular, the radical change of his position from the statements in “Atidot Israel” to those in “Tzion be’ad mi?” is observed. Deinard discusses the following three aspects, each case being a vivid example of this controversy: 1. The Ottoman government’s attitude towards Jews and the pros pects of the collaboration of the Jewish community with the government; 2. The economic situation in the Ottoman Empire and its foreign policy; 3. The culture and cultural policy in the Ottoman Empire. Deinard’s interest in Turkey was initially caused by his Zionist views, as the Land of Israel was part of the Ottoman Empire. Later, after World War I and especially after the Balfour Declaration in 1917, the Zionists placed their expectations on Britain, while Turkey, after losing the war and the territory so important for Jews, could no more be praised by Dei nard. In addition, Deinard had lived in the USA for more than 30 years by 1918, and it is merely logical that his publicistic works were aimed against the USA’s enemy in World War I. This shift looks especially interesting when looked at through the context of the history of the Russian Jewish Enlightenment. A very simi lar process occurred in the ideology of the Russian maskilim in the 19th century. Throughout the 19th century, they believed that the Jews should be integrated in the Russian society and viewed the Russian government as their ally. The Russian authorities, correspondingly, tried to assimilate the Jews and to make them an integral part of the society. However, af ter the pogroms of 1880s, the authorities’ attitude towards Jews changed dramatically, and so did that of the maskilim towards the government. Laws regarding Jews were tightened and became openly anti-Semitic, and the maskilim started to criticize the state instead of hoping for col laboration with it. Deinard’s works used for this research date to a later period. More over, the aforementioned events influenced his positive attitude towards the Ottoman Empire: concerning the status of Jews in the both countries, Deinard opposed Turkey to Russia. Eventually, however, Turkey took the same place for Deinard as Russia did for his predecessors, the maskilim. His hopes for collaboration with the state were just as replaced by disap pointment and criticism. To conclude, the above similarity may suggest that the shift in Dein ard’s views might have correlated with the change in the ideology of the Russian maskilim.


Author(s):  
Büşra Karataşer

The purpose of this chapter is to examine how globalization has played a decisive role in the Ottoman Empire and how it created reform through international trade policies and institutions. The first part will examine the concept of globalization and the integration of the Ottoman Empire into the West, the fundamentals of the Ottomanmentality and the effects of globalization on the Ottoman Empire in the 19th century. The second part will examine how globalization played a decisive role in the Ottoman Empire, the 19th century Ottoman economy, Ottoman international trade, and Ottoman external loans. The third part examines the institutionalization and modernization of the Ottoman Empire, reforms in naval affairs during the reign of Abdul Hamid II, and the organization of the navy. The fourth part will examine the institutional relations in the Ottoman Empire after globalization. Institutions will be examined in terms of how they were restructured or how new ones were created to adapt to a new world order.


2013 ◽  
Vol 24 (1) ◽  
pp. 160-171
Author(s):  
Kristina Jorgic ◽  
Petar Colic

For the Russian and Turkish Empire the nineteenth century is the period of adopting reform laws to modernize the country in order to be competitive in the course of time. Although the reform process in Russia was obstructed by the Arakcheyev regime and reactionary politics of Nicholas I of Russia, the government made a serious step in the fight against systemic corruption, enacting the Criminal Code of 1845. On the other hand, Turkey was undoubtedly under considerable foreign pressure concerning modernization processes. The Tanzimat period represents a significant epoch in which Turkey, among other countries, was faced with widespread corruption. The crown success of reformatory work in Turkey was adoption of the Criminal Code of 1856. This paper analyzes the specific laws which sanctioned corruption in these two empires.


2020 ◽  
Vol 23 (11) ◽  
pp. 91-96
Author(s):  
Gulnara Sadraddinova

At the beginning of the 19th century, under the influence of the French bourgeois revolution and nationalist ideas, the Greeks revolted to secede from the Ottoman Empire and gain independence. It was no coincidence that the main members of the Filiki Etheriya Society, which led the uprising, as well as its secret leaders were Greeks who served the Russian government. Russia, which wanted to break up the Ottoman Empire and gain a foothold in the seas, had been embroiled in various conflicts with the Austrian alliance since the 18th century, before the uprising. Russia, which managed to isolate the Ottoman Empire from the West through the Greek uprising, also acquired large tracts of land through the Edirne Peace Treaty, which was signed as a result of the Russo-Turkish War. However, although Britain, France, Austria, and Prussia agreed with Russia on granting autonomy to Greece, they did not intend to transfer control of the newly formed state to Russia. The revolt of the Greeks against the Ottoman Empire in 1821-1830 resulted in the victory of the Greeks. The revolt was organized and intensified with the help of great powers. The article discusses Greece's independence as a result of the uprising. In this regard, the London Protocol of April 3, 1830, signed by Russia, France and England, is of special importance. The newly established Greek state was revived as the Aegean state. Greece's borders have become clearer. The article also deals with the redefinition of the Ottoman-Greek borders by the Treaty of Constantinople of 1832. Although the London Protocol of 1830 formally established the Greek state, the Great Powers and the Greeks were not content with that. Russia, as during the uprising, remained a state that influenced the "Eastern policy" of European states after the uprising. This study was dedicated to all these factors.


Author(s):  
Lyudmila I. Pakhar ◽  

The article deals with the problem of «superfluous people» in the contemporary socio-cultural reality. This term appeared in Russian literature and journalism in the middle of the 19th century to describe people who, with all their external well-being, were dissatisfied with their own life. In contrast to this interpretation, the English economist T. Malthus defined «superfluous people» as the population that consumes resources with minimal profit. The author of the article is in search for the answer to the question why in the contemporary world there is an increase in the number of «superfluous people» in the Malthus’s sense, that is the outcasts, the unemployed, and people who do not fit the standards of consumer society. According to the author, the reason is the distortion of social attitudes in developed countries of the West. The global economic crisis, especially in the context of COVID-19, requires a change in the liberal economic course. The author suggests adjusting the Russian economic policy taking into account the constant sanctions imposed by the West against the Russian Federation. In these conditions, the most appropriate option is the mobilization economic policy. The government should ensure the creation of enterprises for manufacturing import-substituting products, which would protect the country’s economy from the inevitable collapse. Significant attention and support should also be given to the social sphere, which would provide the population with a sufficient number of jobs. These actions of the government would support the country’s economic and social stability, thus making it possible to avoid mass unemployment.


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