Suchergebnisse

In the XIX. century, Ottoman State has witnessed changes in many areas. Looking at the content of both the dated 1840 and the dated 1851 Penal Codes legislated in Tanzimat Era, it has seen that the transformation in criminal procedure, judicial system, administrative fields was attempted to be accommodated with penal codes. The aim of this study is to seek answers to the question of how the criminal law of the Ottoman State changed in the period starting with the 1858 Penal Code in the nineteenth century within scope of ta'zir(discretionary punishment) and more particularly, crime of murder and complicity as one of special forms of crime. The discussions of the criminal law scholars of the period about the nature of Article 45 regarding complicity in the 1858 Penal Code and their seeking solutions and how they developed new rules due to need in the process and at this point how they benefited from European penal codes, commentaries and their scholars will be attempted to demonstrate. More importantly, it will be witnessed how Ottoman judges used the classical principles in their minds when implementing the article of code. However, when looking from a broad perspective, we will see how the Classical Law School, in which Ottoman State was included through it's 1858 Penal Code, and the crime policy of France and the French Penal Code have influenced Ottoman Criminal Law. ; Kübra Nugay - Abdullah Kahraman, "The Transformation of Ottoman Criminal Law in the 19th Century: The Example of Crime of Complicity", ULUM 2/1 (2019): 103-120. https://doi.org/10.5281/zenodo.3377498

The article studies the Ottoman Land Code of 1858 not as an initiator of trends but as a product of social change. This view contradicts the prevalent tendencies of "state-centrism" and legal formalism in Ottomanist historiography, which privileges the goals and needs of the state throughout Ottoman Turkish history. The Code recognized private real property, and it enlarged the rights of landholders. The Code was also instrumental in making inheritance rules gender neutral. Deeply influenced by the uneven development of the capitalist relations of production, agrarian conflict, and the complex matrix of the interests of ruling groups, Ottoman land law in the nineteenth century unmistakably evolved in the direction of modern law focused on individual rights and full commodification of land. Adapted from the source document.

Contrary to the prevalent tendencies of 'state-centrism' and legal formalism in the literature, this article studies the Ottoman Land Code of 1858 not as an initiator of trends but as a product of social change. The Code recognized private property on land, enlarged liberties of landholders, and pushed inheritance rules further towards gender equality. Deeply influenced by the uneven development of the capitalist relations of production, agrarian conflict, and the complex matrix of the interests of ruling groups, Ottoman land law in the nineteenth century unmistakably evolved in the direction of modern law based on the abstract individual and full commodification of land.

Vollständiger Text des 'Loi Nr. 65-LF-24' vom 12. Nov. 1965 (materielles Strafrecht) sowie vergleichende Gegenüberstellung von früheren Gesetzesbestimmungen aus Ost- bzw. West-Kamerun mit dem Bundesrecht. (DÜI-Etr)