The Capitulations and the Ottoman Legal System: Qadis, Consuls and Beratlıs in the 18th Century

The Capitulations and the Ottoman Legal System: Qadis, Consuls and Beratlıs in the 18th Century Book Reviews / Islamic Law and Society 15 (2008) 268-281 275 e Capitulations and the Ottoman Legal System: Qadis, Consuls and Beratlıs in the 18 th Century . By Maurits H. van den Boogert. Studies in Islamic Law and Society, 21. Leiden/Boston: Brill, 2005. Pp. xvi + 323. ISBN 90 04 14035 2. €125. $168. What are the Capitulations, or rather what were they? A few years ago, a Western legal historian outside the field of Middle Eastern studies referred to Turkey as a model case of revolution in law by means of legal reception (see Alan Watson, e Evolution of Western Private Law [2001], 14-18). In this context, he confused the term “Capitulations” as used in its plural form within Ottoman history with the meaning it has in its singular outside the realm of Middle Eastern studies, where it is widely understood as a legal instrument to end a state of war. e plural, “Capitulations,” is not self-explanatory. As it does not appear in dependently in general philological dictionaries, without historical context the term is confusing. What was internationally accepted under the 1923 Treaty of Lausanne was the abolition not of any capitulation terms imposed on Turkey http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Islamic Law and Society Brill

The Capitulations and the Ottoman Legal System: Qadis, Consuls and Beratlıs in the 18th Century

Islamic Law and Society, Volume 15 (2): 275 – Jan 1, 2008

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Publisher
Brill
Copyright
© 2008 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9380
eISSN
1568-5195
D.O.I.
10.1163/156851908X290619
Publisher site
See Article on Publisher Site

Abstract

Book Reviews / Islamic Law and Society 15 (2008) 268-281 275 e Capitulations and the Ottoman Legal System: Qadis, Consuls and Beratlıs in the 18 th Century . By Maurits H. van den Boogert. Studies in Islamic Law and Society, 21. Leiden/Boston: Brill, 2005. Pp. xvi + 323. ISBN 90 04 14035 2. €125. $168. What are the Capitulations, or rather what were they? A few years ago, a Western legal historian outside the field of Middle Eastern studies referred to Turkey as a model case of revolution in law by means of legal reception (see Alan Watson, e Evolution of Western Private Law [2001], 14-18). In this context, he confused the term “Capitulations” as used in its plural form within Ottoman history with the meaning it has in its singular outside the realm of Middle Eastern studies, where it is widely understood as a legal instrument to end a state of war. e plural, “Capitulations,” is not self-explanatory. As it does not appear in dependently in general philological dictionaries, without historical context the term is confusing. What was internationally accepted under the 1923 Treaty of Lausanne was the abolition not of any capitulation terms imposed on Turkey

Journal

Islamic Law and SocietyBrill

Published: Jan 1, 2008

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