scholarly journals Extraterritoriality and Legal Belonging in the Nineteenth-Century Mediterranean

2021 ◽  
pp. 1-28
Author(s):  
Jessica M. Marglin

This article examines the intersection between extraterritoriality--privileges afforded to European subjects in the Islamic Mediterranean--and various forms of state membership. To capture the multiplicity and instability of state membership, I introduce the phrase “legal belonging”--a neutral, umbrella term that encompasses a wide range of bonds between individuals and states (usually referred to as subjecthood, nationality, or citizenship). Adopting the methods of global legal history, I look at how laws regulating legal belonging responded to the extraterritorial context of the Mediterranean in both European and Middle Eastern states. In so doing, I offer an alternative to the centrifugal narrative of modernization, which presumes that modern citizenship was invented in Europe and then exported to the Islamic world. Instead, I contend that the evolution of legal belonging on both sides of the Mediterranean developed in response to the challenges and opportunities presented by extraterritoriality. The article consists of two cases studies: first, I look at the regulation of legal belonging in Tunisia, the Ottoman Empire, and Morocco, arguing that this legislation responded to the challenges posed by extraterritoriality. Second, I examine the influence of extraterritorial regimes on the nationality of Algerians under French colonial rule.

Itinerario ◽  
2005 ◽  
Vol 29 (2) ◽  
pp. 53-72 ◽  
Author(s):  
N. A. Bootsma

Western expansion in Asia during the nineteenth and early twentieth century resulted in two different groups of Asian countries: those which fell victim to European colonialism and those which managed to maintain the basis of their sovereign rights. This contribution will concentrate on the second group, including not only the countries of the so-called Far East but those of the Middle Eastern Ottoman Empire as well. The link between these two otherwise separate worlds is the concept of consular jurisdiction. It originated in the Islamic world and was transplanted by the West to China, Japan and Siam in the second half of the nineteenth century. In the twentieth, it became the touchstone in the relations of the Asian countries with the West in their struggle for equality.


2018 ◽  
Vol 36 (2) ◽  
pp. 28-52 ◽  
Author(s):  
Elise Franklin

During the Algerian War, Nafissa Sid Cara came to public prominence in two roles. As a secretary of state, Sid Cara oversaw the reform of Muslim marriage and divorce laws pursued by Charles de Gaulle’s administration as part of its integration campaign to unite France and Algeria. As president of the Mouvement de solidarité féminine, she sought to “emancipate” Algerian women so they could enjoy the rights France offered. Though the politics of the Algerian War circumscribed both roles, Sid Cara’s work with Algerian women did not remain limited by colonial rule. As Algeria approached independence, Sid Cara rearticulated the language of women’s rights as an apolitical and universal good, regardless of the future of the French colonial state, though she—and the language of women’s rights— remained bound to the former metropole.


1986 ◽  
Vol 17 (2) ◽  
pp. 322-335 ◽  
Author(s):  
A.J. Stockwell

In the nineteenth century the British, Dutch, French and Russians bit deep into the Islamic world. European colonial power rested on the active support of Moslem rulers who, as leaders of clearly defined and hierarchical societies possessed of laws and monarchs, were attractive collaborators in the exercise of imperialism. With a pragmatism born of frontier experience, Europeans reached agreements with Islamic regimes throughout Asia and Africa. The dictum of Usuman dan Fodio — “The government of a country is the government of its king. If the king is Moslem, his land is Moslem” — was echoed in many a European statement on the principles and practices of colonial rule. The British, for their part, struck deals with Indian princes and Fulani emirs, with the Egyptian Khedive and the Sultan of Zanzibar, with the royal houses of the Arab world and the rulers of the Malay states.


2013 ◽  
Vol 30 (3) ◽  
pp. 150-153
Author(s):  
Jay Willoughby

On May 17, 2013, Joseph V. Montville, director of the Esalen Institute’s “Toward the Abrahamic Family Reunion” project (http://abrahamicfamilyreunion. org), addressed a select audience at the IIIT headquarters on pre-Zionist Jewish scholarly interest in Islam. He began by recalling how German and Austro-Hungarian Jewish scholars discovered remarkable similarities in the Torah, the Talmud, and the Qur’an. While hardly a surprise to Muslims, this was a “major revelation and surprise” to European Christian philologists and historians of religions. This new interest emerged as Europe was losing its fear of the Ottoman Empire, and of Muslims in general, because the now militarily inferior empire was in retreat and anti-Semitism was on the rise. Jewish intellectuals sought to blunt this latter trend by combating Christian disdain, if not hostility, of Jews and Judaism. They therefore played a major role in this scholarship, for, quoting from Bernard Lewis [“The State of Middle Eastern Studies,” American Scholar 48, no. 3 (summer 1979: 369-70)]: ...


Author(s):  
Olga Ye. Petrunina ◽  
◽  

The paper deals with the problem of whether the national feelings of diplomats of foreign origin in the Russian diplomatic service in the nineteenth century influenced their performance of their duties. Two diplomats of Greek origin were selected as subjects of research: Angelo Mustoxidi (1786-1861) and Constantine Bazili (1809-1884), who served for many years as consuls in Macedonia and Syria, which were multi-ethnic areas of the Ottoman Empire, where the interests of the Greek population overlapped with the interests of other peoples. The study of their own impressions of the Greeks, the assessment of their work activities by contemporaries and later researchers suggest how their attitudes towards their compatriots influenced their activities. Striving to do their duty to defend the interests of Russia in their region, they could not overcome quite natural sympathies for their compatriots. This did not contradict the state interests of Russia in the 1830s, since at that time the national movements of the Sultan's other Christian subjects did not compete with the Greeks, and the consuls were supposed to patronize Christians regardless of their ethnicity. However, towards the middle of the century the situation began to change. As the nationalist movements of the Balkan Slavs and Middle Eastern Arabs were gaining strength and were increasingly attracting the attention of the Russian state and society, the national feelings of the Greek consuls began to conflict with the priorities of Russian foreign policy.


2011 ◽  
Vol 45 (6) ◽  
pp. 1337-1382 ◽  
Author(s):  
SEEMA ALAVI

AbstractThis paper follows the careers of ‘outlawed’ Indian Muslim subjects who moved outside the geographical and political space of British India and located themselves at the intersection of nineteenth century trans-Asiatic politics: Hijaz, Istanbul and the Arab provinces of the Ottoman Empire, and Burma and Acheh in the East. These areas were sites where ‘modern’ Empires (British, Dutch, Ottoman and Russian) coalesced to lay out a trans-Asiatic imperial assemblage. The paper shows how Muslim ‘outlaws’ made careers and carved out their transnational networks by moving across the imperial assemblages of the nineteenth century. British colonial rule, being an important spoke in the imperial wheel, enabled much of this transnationalism to weld together. Webs of connections derived from older forms of Islamic connectivity as well: diplomacy, kinship ties, the writing of commentaries on Islam and its sacred texts in unique ways, oral traditions, madrasa and student contacts. These networks were inclusive and impacted by the tanzimat-inspired scriptural reformist thought in the Arab provinces of the Ottoman Empire. They were not narrowly anti-colonial in tone as they derived from a complex inter-play of imperial rivalries in the region. Rather, they were geared towards the triumph of reformist Islam that would unite the umma (community) and engage with the European world order. The paper shows how this imperially-embedded and individual-driven Muslim transnational network linked with Muslim politics rooted within India.


2017 ◽  
Vol 59 (1) ◽  
pp. 127-153 ◽  
Author(s):  
Lucia Carminati

AbstractIn October 1898, the Italian vice-consul in Alexandria charged a group of Italians with participating in an anarchist plot to attack German Emperor Wilhelm II during his planned tour through Egypt and Palestine. This collective arrest produced unexpected outcomes, left a trail of multi-lingual documents, and illuminated specific forms of late nineteenth-century Mediterranean migration. Anarchists were among those who frequently crossed borders and they were well aware of and connected to what was happening elsewhere: they sent letters, circulated manifestos, raised and transported money, and helped fugitive comrades. They maintained nodes of subversion and moved along circuits of solidarity. Similarly, diplomats of Europe, Cairo, Istanbul, and local consular officials operated across borders and cooperated to hunt anarchists down. By following people who were on the move on boats, in post offices, and in taverns, I make a methodological and historiographical argument. First, I examine the Mediterranean as a space of flows and show how theMaghreb/Mashreqdivide in Middle Eastern history has concealed webs and connections. Because anarchists and authorities acted on multiple fronts simultaneously, so must scholarship of this part of the world take account of several histories at once. Second, I look beyond the micro-macro binary to emphasize the interconnections and mutual implications of the micro, the macro, and everything in between. I highlight competing, intersecting, and even contradictory trajectories of some of these anarchist migrants’ belonging. As the affair of the bombs unfolded, all of these contradictions and scales of analysis became visible at once.


2018 ◽  
pp. 50-77
Author(s):  
Bonnie Effros

This chapter explores how the French discovery of Roman ruins in Algeria was used to legitimate its annexation of the territory. Intellectuals and politicians argued that the Ottoman Empire was illegitimate; France was the true heir of the shared Latinate civilization created by the Roman Empire. The new French Empire would simply reunite the Mediterranean world. These efforts were, however, thwarted by both human and material actors. Parisian museum administrators thought that the North African finds were of low quality and not of much interest. French colonists argued, by contrast, that the Roman artifacts should stay in Algeria, to help build a French imperial identity. And the things themselves resisted; they broke when soldiers tried to extract them and their weight sank the ships used to transport them. The chapter then suggests that nineteenth-century campaigns to steal, export, and re-signify art and antiquities sometimes fell short of their ambitions.


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