An Ottoman variation on the state of siege: The invention of theidare-i örfiyyeduring the first constitutional period

2016 ◽  
Vol 55 ◽  
pp. 5-28 ◽  
Author(s):  
Noémi Lévy-Aksu
Keyword(s):  
Ottoman Empire ◽  
The State ◽  
Legal Order ◽  
The Political ◽  
Legal Tradition ◽  
Critical Approach ◽  
Legal Texts ◽  
Archival Documents ◽  
State Of Affairs ◽  
Definition Of

AbstractThis paper focuses on a little-known aspect of the first constitutional period in the Ottoman Empire: the introduction ofidare-i örfiyye(an equivalent of the state of siege) into the Ottoman legal system. With a name rooted in the Ottoman legal tradition and a definition clearly inspired by the nineteenth-century French “état de siège,” theidare-i örfiyyewas a case of legal hybridization that combined the Ottoman political and legal tradition with transnational (or transimperial) legal circulation. This paper seeks to understand how and why different legal references were combined in order to make it possible, under exceptional circumstances, to suspend the ordinary legal order. At the same time, it analyzes the first application of theidare-i örfiyye, which occurred during the Russo-Turkish War of 1877–1878, to show how local and diplomatic reactions to this exceptional state of affairs were crucial for the further definition of the notion. Through a critical approach to legal texts and archival documents, the article discusses how various legal sources, the political context of the early Hamidian reign, and local experiences all shaped the notion ofidare-i örfiyye, soon transforming it into a tool of government for exceptional and (more frequently) non-exceptional times.

AKSIOLOŠKE OSNOVE USTAVNE DEMOKRATIJE I POPULIZMA

2021 ◽  
pp. 125-135
Author(s):  
Dejan Matić ◽  
Keyword(s):  
Liberal Democracy ◽  
Political System ◽  
The State ◽  
Legal Order ◽  
The Political ◽  
Constitutional Democracy ◽  
Complete Understanding ◽  
Conceptual Definition ◽  
Definition Of ◽  
Legal Processes

The paper discusses the axiological foundations of constitutional democracy and populism, as well as the influence of populist movements on law, legal processes, liberal democracy and the state order as a whole. The conceptual definition of populism in the situation of stable functioning of the political system inevitably leads to the conclusion that it represents an anomaly and an absolutely retrograde political phenomenon in the conditions of globalization and constant changes in modern societies. A serious crisis of the political system, that is, consequently, of the state- legal order as a whole, puts things on a completely new basis, providing an opportunity for a deeper and more complete understanding of the phenomenon of populism and its impact on constitutionalism and democracy.

Prologue

2017 ◽  
Author(s):  
Peter D. McDonald
Keyword(s):  
Cold War ◽  
Cultural Diversity ◽  
The State ◽  
The Political ◽  
Cultural Expression ◽  
Intangible Heritage ◽  
History Of ◽  
Definition Of ◽  
The Cold War ◽  
Print Literacy

The section introduces Part II, which spans the period 1946 to 2014, by tracing the history of the debates about culture within UNESCO from 1947 to 2009. It considers the central part print literacy played in the early decades, and the gradual emergence of what came to be called ‘intangible heritage’; the political divisions of the Cold War that had a bearing not just on questions of the state and its role as a guardian of culture but on the idea of cultural expression as a commodity; the slow shift away from an exclusively intellectualist definition of culture to a more broadly anthropological one; and the realpolitik surrounding the debates about cultural diversity since the 1990s. The section concludes by showing how at the turn of the new millennium UNESCO caught up with the radical ways in which Tagore and Joyce thought about linguistic and cultural diversity.

The State as an Actor

2017 ◽  
Author(s):  
Georg Menz
Keyword(s):  
Service Sector ◽  
The State ◽  
The Political ◽  
Regulatory Capture ◽  
Banking Institutions ◽  
Political Left ◽  
Central Actor ◽  
Capitalist State ◽  
State Of Affairs ◽  
Rules Of The Game

Despite the state being such a central actor in establishing and policing the rules of the game of any given political economy, its role is often neglected. In this chapter, we briefly review relevant state theories and explore changes to the nature and appearance of the capitalist state. The awesome increase in the political fire power of the financial service sector has unfortunately led to regulatory capture. The state can no longer be considered a neutral umpire, being heavily influenced by the prerogatives of major banking institutions. This state of affairs corrupts the hopes that liberals place in the self-policing powers of the marketplace and reflects certain fears on the political left regarding the pernicious effects of ‘financialization’.

The Political Theory of the Disruption

1916 ◽  
Vol 10 (3) ◽  
pp. 437-464 ◽  
Author(s):  
Harold J. Laski
Keyword(s):  
Political Theory ◽  
Political Authority ◽  
The State ◽  
The Political ◽  
The Reformation ◽  
Secular Society ◽  
The One ◽  
Definition Of ◽  
Political Principles ◽  
The Church

“Of political principles,” says a distinguished authority, “whether they be those of order or of freedom, we must seek in religious and quasi-theological writings for the highest and most notable expressions.” No one, in truth, will deny the accuracy of this claim for those ages before the Reformation transferred the centre of political authority from church to state. What is too rarely realised is the modernism of those writings in all save form. Just as the medieval state had to fight hard for relief from ecclesiastical trammels, so does its modern exclusiveness throw the burden of a kindred struggle upon its erstwhile rival. The church, intelligibly enough, is compelled to seek the protection of its liberties lest it become no more than the religious department of an otherwise secular society. The main problem, in fact, for the political theorist is still that which lies at the root of medieval conflict. What is the definition of sovereignty? Shall the nature and personality of those groups of which the state is so formidably one be regarded as in its gift to define? Can the state tolerate alongside itself churches which avow themselves societates perfectae, claiming exemption from its jurisdiction even when, as often enough, they traverse the field over which it ploughs? Is the state but one of many, or are those many but parts of itself, the one?

scholarly journals PROBLEM-SOLVING EXPERIENCE WHEN OPENING NOBLE GYMNASIUMS’ BOARDING HOUSES IN THE KYIV EDUCATIONAL DISCTRICT CURATOR’S COUNCIL ACTIVITIES

2021 ◽  
pp. 15-23
Author(s):  
Alla Balatsynova
Keyword(s):  
Public Education ◽  
Problem Solving ◽  
Boarding School ◽  
Boarding Schools ◽  
The State ◽  
Final Decision ◽  
Archival Documents ◽  
State Of Affairs ◽  
Initial Arrangement

based on regulatory and archival documents analysis, the article considers the problem-solving experience when opening noble gymnasiums’ boarding schools in the Kiev educational district curator’s council activities. The Council’s position on this issue, the procedure for making and executing its decisions are clarified on the example of opening the second boarding school at the first Kiev gymnasium in 1836. Thoroughly analysing the state of affairs of the already-performing noble boarding school at the first Kiev gymnasium, Kiev educational district curator’s council members came to the conclusion that one more boarding school opening was necessary. They either approved of the staff developed by the educational district curator, and made proposals on sources of its initial arrangement funding. It is established that the opinion of Kiev educational district curator’s council regarding the second noble boarding school opening at the first Kyiv gymnasium was taken into account by the Ministry of public education when making the final decision.

scholarly journals POLITICAL POLICE OF KOSTROMA PROVINCE AND ITS CADRE PERSONNEL IN 1826–1867

2020 ◽  
pp. 221-227
Author(s):  
Gennadiy G. Bril’ ◽  
Leonid N. Zaytsev
Keyword(s):  
19Th Century ◽  
Russian Empire ◽  
The State ◽  
The Political ◽  
Public Order ◽  
State Security ◽  
The Third ◽  
Successful Career ◽  
Archival Documents ◽  
The Russian Empire

The article examines the process of origin and formation of the political police of Kostroma Province in the mid-19th century. Special attention is paid to the issue of its staffi ng and the wide use of army offi cers for service in the political police. The chronological framework covers a little-studied period of activity of the political police in Kostroma Province. The authors of the article note that the Highest orders of military ranks that had a special place in the appointment of the headquarters and chief offi cers of the political police. On the basis of archival materials, the main directions of service activities of the highest ranks of the political police in the region are analysed. The article reveals the contribution of the gendarmes’ Corps chiefs to the protection of public order during the period under review. The author reveals the attitude of the authorities to literacy among the lower ranks of the gendarmerie. On the basis of historical and archival documents, it is concluded that the successful career of offi cers was promoted by conscientious performance of their offi cial duties, their «excellent-diligent and zealous service». It is concluded that special attention was paid to discipline among the gendarmes. The political police were independent of other branches of government, and were subordinate only to the headquarters of the gendarmes’ corps and the third division of His Imperial Majesty’s own offi ce. Gaps in the historical and legal coverage of the work of the state security Agency in the province of the Russian Empire at the fi rst stage of its existence are fi lled.

scholarly journals Kant's metaphysics of law

2004 ◽  
Vol 76 (9) ◽  
pp. 426-436
Author(s):  
Danilo Basta
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
The Political ◽  
Political Union ◽  
History Of Interpretation ◽  
Final Goal ◽  
History Of ◽  
Cosmopolitan Law ◽  
Political Principles

The history of reception and the history of interpretation of Kant's legal deliberation are not the same even after two centuries. This was not only due to the recipients and interpreters of Kant's thoughts but also and above all due to Kant, i.e., the content and the spirit of his philosophy. The law of the state, the international law, and the cosmopolitan law are the ways to approach the eternal peace, which was considered by Kant as the final goal of the entire international law. The existence of the State is based on the idea of the Initial Agreement. According to Kant, in the Initial agreement all the individuals abandoned their external freedom in order to attain the freedom in a legal order as members of the political union. Kant did not always succeed to stay on the level of his own legal and political principles, and hence the light of his philosophy is sometimes covered with the dark shadows.

scholarly journals Romania’s Civil Society and its Moral Underpinnings: The Symbolic Discourse of a Post-Socialist State

2012 ◽  
Vol 1 (1) ◽  
Author(s):  
Mitchell O. Hopkins
Keyword(s):  
Civil Society ◽  
Ottoman Empire ◽  
Social Space ◽  
The State ◽  
Socialist State ◽  
The Everyday ◽  
Definition Of ◽  
The Eu

Using Katherine Verdery’s definition of civil society as the population of a social space between the everyday household and the state, the paper looks at how such events as the rise and fall of the USSR, the advent of the EU, or even the workings of the Ottoman Empire have affected the discussion and development of civil society in Romania.

Critical legal studies

2018 ◽  
Author(s):  
Emilios Christodoulidis ◽  
Johan van der Walt
Keyword(s):  
Political Economy ◽  
Legal Theory ◽  
The State ◽  
The Other ◽  
The Political ◽  
Legal Tradition ◽  
Social Production ◽  
Legal Studies ◽  
Critical Legal Theory ◽  
The One

This chapter traces the tradition of critical theory in Europe in the way it has informed and framed legal thought. A key, and distinctive, element of this legal tradition is that it characteristically connects to the state as constitutive reference; in other words it understands the institution of law as that which organizes and mediates the relation of the state to civil society. The other constitutive reference is political economy, a reference that typically grounds this tradition of thinking about the law in the materiality of the practices of social production and reproduction. It is in these connections, of the institution of law to the domains of the state and of the political economy, that critical legal theory locates the function of law, and the emancipatory potentially it affords on the one hand, and the obstacles to emancipation it imposes, on the other.

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