2005
DOI: 10.1163/9789047406129
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The Capitulations and the Ottoman Legal System

Abstract: Qadis, Consuls and Beratlıs in the 18th Century Author: Maurits van den Boogert Pre-modern Western sources generally claim that European mercantile communities in the Ottoman Empire enjoyed legal autonomy, and were thus e fectively immune to Ottoman justice. At the same time, they report numerous disputes with Ottoman o cials over jurisdiction ("avanias"), which seems to contradict this claim, the discrepancy being considered proof of the capriciousness of the Ottoman legal system. Modern studies of Ottoman-Eu… Show more

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Cited by 128 publications
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“…Provided by the Sultan to the representatives of an allied State, an ahitname granted various commercial privileges and protection within the Empire. 5 Although the first Capitulations were understood as unilateral concessions by an individual sovereign to foreign merchants or diplomats, it progressively became a legal tool of European imperialism and associated with the "unequal treaties" system applied elsewhere in the world. 6 Franco-Ottoman relations relied mostly on the Capitulations treaty written in 1740, a text that was deliberately ambiguously translated in order to widen the right of protection and extraterritoriality of the French embassy.…”
Section: A Materials Approach To Extraterritorialitymentioning
confidence: 99%
“…Provided by the Sultan to the representatives of an allied State, an ahitname granted various commercial privileges and protection within the Empire. 5 Although the first Capitulations were understood as unilateral concessions by an individual sovereign to foreign merchants or diplomats, it progressively became a legal tool of European imperialism and associated with the "unequal treaties" system applied elsewhere in the world. 6 Franco-Ottoman relations relied mostly on the Capitulations treaty written in 1740, a text that was deliberately ambiguously translated in order to widen the right of protection and extraterritoriality of the French embassy.…”
Section: A Materials Approach To Extraterritorialitymentioning
confidence: 99%
“…In addition, in the Ottoman Empire, there was an additional population of non-Muslims enjoying special statusi.e. foreigners, such as Frenchmen, Englishmen, subject to legal system and jurisdiction of their local consuls under the special sultan privileges called "capitulations" 16 . This was another factor contributing to traditional legal pluralism of the Ottoman Empire.…”
Section: Millet Systemmentioning
confidence: 99%