The Ruler's Monologue: The Rhetoric of the Ottoman Penal Code of 1858.
The penal code of 1858 was an important step in Ottoman legislation during the reform period tanzīmāt and had a considerable impact on the concept of the state as the guardian of public order. Through the 20th century the penal code of 1858 was generally interpreted as a "(literal) translation" of t...
| Publicado en: | Welt des Islams Vol. 54; no. 3/4; pp. 292 - 322 |
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| Formato: | Artículo |
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Brill Academic Publishers
2014
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=99990652&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 99990652 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00432539 C6V jtl: Welt des Islams issn: 00432539 maglogo: Y pubinfo: dt: 2014 vid: 54 iid: 3/4 pid: 639 pub: Brill Academic Publishers artinfo: ui: 99990652 10.1163/15700607-05434P02 ppf: 292 ppct: 30 formats: fmt: @attributes: type: P size: 10.5MB tig: atl: The Ruler's Monologue: The Rhetoric of the Ottoman Penal Code of 1858. aug: au: Heinzelmann, Tobias su: Criminal codes Ottoman Empire Monologue Public policy (Law) French law sug: subj: Criminal codes Ottoman Empire Monologue Public policy (Law) French law keyword: kānūn? notions of legal order Ottoman diplomatics and political language penal code 1858 sharia tanzīmāt ab: The penal code of 1858 was an important step in Ottoman legislation during the reform period tanzīmāt and had a considerable impact on the concept of the state as the guardian of public order. Through the 20th century the penal code of 1858 was generally interpreted as a "(literal) translation" of the French Code Pénal of 1810 and as evidence for the "western influence" on Ottoman legislation. Recent research has started to question this interpretation, focussed more closely on the normative aspects of the Ottoman penal code and analysed the penal code of 1858 as an adaptation of French law within the context of the Ottoman legal concepts during the tanzīmāt. In my article I analyse the text as a part of political communication, as a monologue by which the state adresses its subjects. Even if large parts of the Ottoman penal code are translations from the French, the rhetoric patterns and terminology have to be taken seriously. The amalgamation of traditional rhetorics and a new terminology turns out to be a successful strategy to legitimise new legal concepts, which include a new relation between kānūn? and §etfat. In my article I will argue that the state's traditional role as the guardian of public order is the starting point for the introduction of these new legal concepts. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Welt des Islams is the property of Brill Academic Publishers and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Welt des Islams holder: Brill Academic Publishers dt: @attributes: year: 2014 holdings: @attributes: islocal: N |
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