The Subjects Of Ottoman International Law

The core of this edited volume originates from a special issue of the Journal of the Ottoman and Turkish Studies Association (JOTSA) that goes well beyond the special issue to incorporate the stimulating discussions and insights of two Middle East Studies Association conference roundtables and the important work of additional scholars in order to create a state-of-the-field volume on Ottoman sociolegal studies, particularly regarding Ottoman international law from the eighteenth century to the end of the empire. It makes several important contributions to Ottoman and Turkish studies, namely, by introducing these disciplines to the broader fields of trans-imperial studies, comparative international law, and legal history. Combining the best practices of diplomatic history and history from below to integrate the Ottoman Empire and its subjects into the broader debates of the nineteenth-century trans-imperial history this unique volume represents the exciting work and cutting-edge scholarship on these topics that will continue to shape the field in years to come.

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.

With the advent of the steamship, repeated outbreaks of cholera marked oceanic pilgrimages to Mecca as a dangerous form of travel and a vehicle for the globalization of epidemic diseases. European, especially British Indian, officials also feared that lengthy sojourns in Arabia might expose their Muslim subjects to radicalizing influences from anticolonial dissidents and pan-Islamic activists. European colonial empires’ newfound ability to set the terms of hajj travel not only affected the lives of millions of pilgrims but also dramatically challenged the Ottoman Empire, the world’s only remaining Muslim imperial power. Michael Christopher Low analyzes the late Ottoman hajj and Hijaz region as transimperial spaces, reshaped by the competing forces of Istanbul’s project of frontier modernization and the extraterritorial reach of British India’s steamship empire in the Indian Ocean and Red Sea. Imperial Mecca recasts Ottoman Arabia as a distant, unstable semiautonomous frontier that Istanbul struggled to modernize and defend against the onslaught of colonial steamship mobility. As it turned out, steamships carried not just pilgrims, passports, and microbes, but the specter of legal imperialism and colonial intervention. Over the course of roughly a half century from the 1850s through World War I, British India’s fear of the hajj as a vector of anticolonial subversion gradually gave way to an increasingly sophisticated administrative, legal, and medical protectorate over the steamship hajj, threatening to eclipse the Ottoman state and Caliphate’s prized legitimizing claim as protector of Islam’s most holy places. Drawing on a wide range of Ottoman and British archival sources, this book sheds new light on the transimperial and global histories traversed along the pilgrimage to Mecca.

Using Arabic and Ottoman Turkish sources drawn from three genres of legal text, this book is the first full-length study in decades to investigate the evolution of Ottoman land law from its “classical” articulation in the sixteenth century to its reformulation in the 1858 Land Code. The book demonstrates that well before the nineteenth century the tradition of Ottoman land tenure law had developed an indigenous form of property right that would remain intact in the Land Code. In addition, the rising consensus of the jurists that the sultan was the source of the land law paved the way for the wider legislative authority that the Ottoman state would increasingly assert in the Tanzimat period of reform. Demonstrating the profound and ongoing adaptation of a legal tradition that was at once both Ottoman and Islamic, it revises our understanding of the relationship between the modern Islamic world and its early modern past, and what kind of intervention was represented by reform in the 19th century.

This study sheds new light on the legal position of Westerners and their Ottoman protégés (berātlıs) by investigating the dynamic relations between Islamic judges and foreign consuls in the Ottoman Empire, providing detailed case studies and critical analyses of theory, perception, and practice.

In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.