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Criminal Justice after the 1908 Revolution: Continuity and Intensification
Abstract
Part of the justification for the 1908 Constitutional Revolution by the Committee of Union and Progress (CUP) was destroying the corrupt, nepotistic, ancien regime of Sultan Abdulhamid II. With the exception of releasing numerous political prisoners, the new government did very little that was revolutionary in terms of the Ottoman Criminal Justice System. Instead, the new government built upon and intensified legal, penal, policing, and codification reforms begun during the Tanzimat and expanded during the Hamidian period. This paper investigates these reforms demonstrating the continuity and intensification, and argues against characterizing them as increased Westernization or secularization, but as examples of a unique Ottoman modernity. It also argues that the CUP continued the process of creating a new Islamic legal system through the centralization of state authority, the codification of Islamic criminal legal codes, and the standardization of legal practice and application, thus bringing Islamic legal institutions and practices in line with the strictures of the modern world. Sources for this paper include Ottoman criminal codes, court cases, penal reforms, and policing records all found in the Ottoman central archives.
Discipline
History
Geographic Area
Ottoman Empire
Sub Area
19th-21st Centuries