Law Of The Ottoman Empire
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Law Of The Ottoman Empire
The Ottoman Empire was governed by different sets of laws during its existence. The '' Qanun'', sultanic law, co-existed with religious law (mainly the Hanafi school of Islamic jurisprudence). Legal administration in the Ottoman Empire was part of a larger scheme of balancing central and local authority. Ottoman power revolved crucially around the administration of the rights to land, which gave a space for the local authority develop the needs of the local millet. The jurisdictional complexity of the Ottoman Empire was aimed to permit the integration of culturally and religiously different groups. Legal system The Ottoman system had three court systems: one for Muslims, one for non-Muslims, involving appointed Jews and Christians ruling over their respective religious communities, and the "trade court". The codified administrative law was known as ''kanun'' and the ''ulema'' were permitted to invalidate secular provisions that contradicted the religious laws. In practice, howeve ...
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The Tower Of Justice (Adalet Kulesi), Istanbul, Turkey (9603560147)
''The'' () is a grammatical Article (grammar), article in English language, English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the Most common words in English, most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with pronouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant s ...
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Procedural Law
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, right to confront accusers as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, though different jurisdictions have various exceptions), with those rights en ...
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Législation Ottomane
''Législation ottomane, ou Recueil des lois, règlements, ordonnances, traités, capitulations et autres documents officiels de l'Empire ottoman'' is a collection of Ottoman law published by Gregory Aristarchis (as ''Grégoire Aristarchi'') and edited by Demetrius Nicolaides (as ''Démétrius Nicolaïdes''). The volumes were published from 1873 to 1888. It was one of the first collections of the Ottoman Law in seven volumes in French, Aristarchis is named in most volumes, except for 6–7,Strauss, "A Constitution for a Multilingual Empire," p. 27 (PDF p. 29) which, according to Strauss, "seem to have been edited solely by Demetrius Nicolaides".Strauss, "A Constitution for a Multilingual Empire," p. 27-28 (PDF p. 29-30) The collection was intended for foreigners living in the empire, including employees of foreign ministries. Strauss described it as the "best-known example of" a collection of Ottoman laws. Volume 1 was published in 1873, Volumes 2–4 were published in 1874, Volu ...
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Corps De Droit Ottoman
''Corps de droit ottoman; recueil des codes, lois, règlements, ordonnances et actes les plus importants du droit intérieur, et d'études sur le droit coutumier de l'Empire ottoman'' ("Ottoman Body of Law: Compendium the Most Important Codes, Laws, Regulations, and Acts of Domestic Law, and Studies of Customary Law, of the Ottoman Empire") is a 1905-1906 seven-volume French-language collection of Ottoman Empire law edited by George Young (1872-1952), published by Clarendon Press in the United Kingdom. D. G. Hogarth of ''The English Historical Review'' wrote that the author's main concern was constituent legislation and that the work "is not intended to be a complete publication of either the civil or the criminal code in use."Hogarth, p. 187. Part I, Volumes I-III, were published in 1905, while Part II, Volumes IV-VI, were published in 1906. Background Young worked for Embassy of the United Kingdom in the Ottoman Empire in Constantinople (now Istanbul). At the time of publicati ...
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Düstur
The Ottoman Code of Public Laws, also known as the Düstur or Destur or Doustour, was a set of laws in the Ottoman Empire.Strauss, "A Constitution for a Multilingual Empire," p. 23 (PDF p. 25) The name in Ottoman Turkish comes from a Persian word for a law collection, "Destur". - PDF p. 13/263 It includes the penal code as well as some civil and commercial laws. The first Ottoman Turkish volume was published in 1862, and the second was published in 1865. Serialization began in 1872, and the first volume labeled "Destur" was published in 1873. The final volume was published in 1886. M. Safa Saraçoğlu, author of "Economic Interventionism, Islamic Law and Provincial Government in the Ottoman Empire," stated that its style and structure are similar to that of the 1851 legal collection ''Mecmu'a-yı Kavanin''., Cited: p66 At one time the price was 400 piastres.Balta and Kavak, p52 Nicolaides, who indicated in applications to the Ottoman press office that he intended to help increase ...
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Theoretical Inquiries In Law
''Theoretical Inquiries in Law'' is a biannual peer-reviewed Israeli law journal published by Tel Aviv University. It is the only English law journal published by the school, and one out of two published in English in Israel, alongside Israel Law Review The ''Israel Law Review'' is the oldest Israeli law journal published in English. In ''Great American Lawyers, an Encyclopaedia'', it is referred to as being among "the most prestigious of scholarly journals". The journal focuses on Israeli law a .... Israeli law journals Tel Aviv University Publications established in 2000 Biannual journals English-language journals {{Israel-stub ...
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Berne Convention For The Protection Of Literary And Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright. The United States became a party in 1989. As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that pro ...
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Mecelle
The Mecelle was the civil code of the Ottoman Empire in the late 19th and early 20th century. It was the first attempt to codify a part of the Sharia-based law of an Islamic state. Name The Ottoman Turkish name of the code is ''Mecelle-ʾi Aḥkām-ı ʿAdlīye'', which derives from the Arabic ''مجلة الأحكام العدلية'', ''Majallah el-Ahkam-i-Adliya''. In European languages, it has also been transliterated as ''Mejelle'', ''Majalla'', ''Medjelle'', or ''Meğelle''. In French, it is known as ''Medjéllé'' or as the ''Code Civil Ottoman''. History Enactment The code was prepared by a commission headed by Ahmed Cevdet Pasha, including a large team of scholars, issued in sixteen volumes (containing 1,851 articles) from 1869 to 1876 and entered into force in the year 1877. In its structure and approach it was clearly influenced by the earlier European codifications. Family law, which had been originally exempted and left in the domain of religious courts, eventual ...
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Ottomanism
Ottomanism or ''Osmanlılık'' (, tr, Osmanlıcılık) was a concept which developed prior to the 1876–1878 First Constitutional Era of the Ottoman Empire. Its proponents believed that it could create the social cohesion needed to keep millets from tearing the empire apart. History Origins of the concept Thinkers such as Montesquieu (1689–1755) and Rousseau (1712–1778), as well as the events of the French Revolution of 1789, strongly influenced Ottomanism. It promoted equality among the ''millet''s. The idea of Ottomanism originated amongst the Young Ottomans (founded in 1865) in concepts such as the acceptance of all separate ethnicities in the Empire regardless of their religion, i.e., all were to be "Ottomans" with equal rights. In other words, Ottomanism held that all subjects were equal before the law. Ideally, all citizens would share a geographical area, a language, culture, and a sense of a "non-Ottoman" party who were different from them. The essence of the ''m ...
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Treaty Of Balta Liman
The 1838 Treaty of Balta Liman, or the Anglo-Ottoman Treaty, is a formal trade agreement signed between the Sublime Porte of the Ottoman Empire and Great Britain. The trade policies imposed upon the Ottoman Empire, after the Treaty of Balta Liman, were some of the most liberal, open market, settlements that had ever been enacted during the time. The terms of the treaty stated that the Ottoman Empire will abolish all monopolies, allow British merchants and their collaborators to have full access to all Ottoman markets and will be taxed equally to local merchants. These agreements did not constitute an equal free trade arrangement, as the United Kingdom still employed protectionist policies on their agricultural markets. Leading up to the Treaty of Balta Liman, in the fall of 1831 the Governor of Egypt, Muhammad Ali of Egypt, retaliated against the Ottoman Empire. Mehmet Ali had not been given the territory that Ottoman Sultan, Mahmud II, had promised him, after he showed military ...
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Nationalism
Nationalism is an idea and movement that holds that the nation should be congruent with the State (polity), state. As a movement, nationalism tends to promote the interests of a particular nation (as in a in-group and out-group, group of people),Anthony D. Smith, Smith, Anthony. ''Nationalism: Theory, Ideology, History''. Polity (publisher), Polity, 2010. pp. 9, 25–30; especially with the aim of gaining and maintaining the nation's sovereignty (self-governance) over its homeland to create a nation-state. Nationalism holds that each nation should govern itself, free from outside interference (self-determination), that a nation is a natural and ideal basis for a polity, and that the nation is the only rightful source of political power. It further aims to build and maintain a single national identity, based on a combination of shared social characteristics such as culture, ethnicity, geographic location, language, politics (or the government), religion, traditions and belief ...
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