From the Pages of the Defter (ص 72)

غرض

عنوان

From the Pages of the Defter (ص 72)

المحتوى

How do Ottoman “grey areas” and the ideal of the most just justice translate in
Ottoman administrative law and procedure, such as that spelled out in property and tapu
laws? As will be seen in Chapters Two and Four, property-registration officials were not legal
formalists. Their primary goal was the registration of properties. In attempting to attain this
goal, they demonstrated what appears to be considerable flexibility in the process of getting
properties registered.
E. Attilla Aytekin argues that a state-centric analysis of the Land Code has
characterized scholarly literature, leading to reliance on legal formalist analyses of the law
that are divorced from social reality. As an illustration, Aytekin points to the numerous,
vague references in the Land Code to “the official” from whom permission was needed in
order to carry out a wide range of actions with one’s land, from partitioning collectively held
land to planting trees, clearing wasteland for cultivation, and registering inheritance of land.
In literature on Palestine, Kenneth Stein provides example of legal formalist analysis
on this point. He uses this methodology to help prove “the failure” of land-tenure reforms.
“He [the owner of miri land] could not mortgage or sell it [“his” land] without the consent of
the state, which was obtained from the Land Office. Even though such consent was usually
routine, the aversion to associate with the government spawned unofficial land transfers
and influenced those seeking loans to go to moneylenders rather than to the official
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هو جزء من

From the Pages of the Defter

تاريخ

٢٠١٦

المنشئ

Susynne McElrone

مجموعات العناصر

Generated Pages Set

Theses رسائل ماجستير ودكتوراه