Download Ottoman Nizamiye Courts: Law and Modernity by Avi Rubin (auth.) PDF

By Avi Rubin (auth.)

ISBN-10: 0230119069

ISBN-13: 9780230119062

ISBN-10: 1349292850

ISBN-13: 9781349292851

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Additional resources for Ottoman Nizamiye Courts: Law and Modernity

Example text

The establishment of the Supreme Council of Judicial Ordinances (Meclis-i Vâlâ-yı Ahkâm-ı Adliye) by Sultan Mahmut II (1838) may be considered the beginning of the process that eventually led to the emergence of the Nizamiye courts. It was the earliest attempt to form a high court that had the potential to challenge the judicial monopoly of the Şeriat courts. 15 The provincial conciliar bodies that were created with the tanzimat were given judicial authorities in certain criminal matters, namely, crimes punishable by penal servitude (kürek).

77 The government in general and Said Paşa in particular were eager enough to get the new project of judicial reform underway in spite of its heavy costs.

By the same token, the practice of sending protocols from criminal trials to the Ministry of Gendarmerie was also brought to an end. 57 Of all the challenges related to a judicial transformation of this scope, grave as they may have been, putting the principle of judicial independence into practice was probably the most difficult task that the Ministry of Justice faced. In order to appreciate how radical this idea was in the minds of Ottoman officials, one needs to recall the centrality that the institution of the kadı had in the Ottoman administration for centuries.

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Ottoman Nizamiye Courts: Law and Modernity by Avi Rubin (auth.)


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