Modernity as a Code: The Ottoman Empire and the Global Movement of Codification

Rubin, Avi

doi:10.1163/15685209-12341415

Cited by 27 publications

(5 citation statements)

References 15 publications

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“…Along with these initiatives, the Ottoman penal law was amended in 1858 by borrowing the key principles of crime and punishment from the French Penal Code through source-oriented translation (Öner & Karadağ, 2016). Similarly, the codification of the Ottoman legal system was followed by laws related to commerce, land and civil affairs during the Tanzimat Era (Rubin, 2016).…”

Section: From the Late Ottoman Empire To The Early Turkish Republicmentioning

confidence: 99%

Translation movements in the modernization processes of Turkey and China

Bayraktar-Özer

2022

LANS-TTS

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The migration of knowledge between cultures is ubiquitous, whether it happens naturally on encountering communities or is consciously planned by authorities to learn from one another. As nations constantly share their scientific and philosophical knowledge with others, translation takes on a key role in the transmission of not only knowledge, but also the advancement of all aspects of the source culture. In this respect, the Qing and Ottoman empires, after experiencing military defeats, were able to recognise the progress made by certain nations as a result of the Industrial Revolution. The knowledge transfer from these industrialized countries therefore became part of the attempts by states, private institutions and reformers to catch up with these countries in the area of development through increased translation initiatives. Trends such as these subsequently continued to shape the culture-planning processes in many countries. Against this background, the present study aims to shine a light on the parallel course of translation movements in the modernization processes of China and Turkey from the mid-19th to the mid-20th century. It offers an overview of the translation movements crafted in an analogous pattern that entailed three stages of implementing translation activities in the modernization efforts of the two countries.

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Section: From the Late Ottoman Empire To The Early Turkish Republicmentioning

confidence: 99%

Translation movements in the modernization processes of Turkey and China

Bayraktar-Özer

2022

LANS-TTS

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“…In addition, the Mecelle was important as a next step of confirming state's (i.e. sultan's) power to affect the private-law sphere even though it was regulated by Shariah 22 .…”

Section: Millet Systemmentioning

confidence: 99%

From millet members to citizens. The Civil Code of Turkey and the formation of the idea of citizenship in Turkey

Tutaj

2022

Acta Iuri Reso

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This paper depicts how the changes taking place in the Ottoman Empire in its last years and the establishment of the Republic of Turkey gave grounds to creation of the notion of the nation-state citizen. This category replaced the category of millet member meaning in those circumstances, the member of a given ethno-religious group. The millet members benefited from law attributed to a given millet and thus, in the field of private law, their rights depended mainly on their personal status. The Turkish codification of the civil law, based on the Swiss Civil Code (i.e. the ZGB) played important role in the process of creation of the category of citizen. The codification brought – in the field of private law – the idea of equality of legal capacity of entities. Consequently, it eliminated legal pluralism and the principle of legal personalism.

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“…The French legal code introduced the right of individuals as opposed to the right of the community expressed in the Ottoman customary law (Shlala 2018: 42). The Empire, of course, did not make a replica of the French code, but codification was an important step of the Ottoman reform movement (Rubin 2016: 829, 2018: 37). It also marked a path towards the institutionalization of capitalist social relations within Ottoman society.…”

Section: Evidence Of Exogenously Induced Ottoman Financial Reformsmentioning

confidence: 99%

Defining financial reforms in the 19th-century capitalist world-economy: The Ottoman case (1838–1914)

Conte

2021

Capital & Class

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Capitalist-style reforms were an important factor in the economic and social evolution of the Late Ottoman Empire. This research investigates how foreign governments and financiers, and especially Britain, influenced these various financial reforms implemented in the Ottoman Empire during the 19th century. The chief purpose of such reforms was to integrate the Empire into the capitalist world-economy by imposing, both directly and indirectly, the adoption of rules, institutions, attitudes and procedures amenable to exploitation on the part of foreign and also local capitalists. Drawing on primary sources, mainly from the United Kingdom’s National Archives, the article argues that foreign pressure for financial reforms was instrumental in the Empire’s economic subjection to the rules and norms that regulated the capitalist world-economy, most notably in the field of public finance, banking and the monetary sector. It takes a long-term view and largely adheres to the scholarly evolution of Antonio Gramsci’s theory of hegemony and world-systems theory and methodology developed by Fernand Braudel, Immanuel Wallerstein and Giovanni Arrighi, adopting a multidisciplinary and macro-scale perspective. Special attention is paid to the correlation between secondary and primary sources in support of empirical evidence. More broadly, this research contributes to the literature on the capitalist world-economy and brings a set of theoretical frameworks to bear on defining the role of financial reforms induced mainly by Britain in peripheral and semi-peripheral countries.

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Modernity as a Code: The Ottoman Empire and the Global Movement of Codification

Cited by 27 publications

References 15 publications

Translation movements in the modernization processes of Turkey and China

Translation movements in the modernization processes of Turkey and China

From millet members to citizens. The Civil Code of Turkey and the formation of the idea of citizenship in Turkey

Defining financial reforms in the 19th-century capitalist world-economy: The Ottoman case (1838–1914)

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