{"title":"法律多元化是为了谁?奥斯曼法律,希腊法学家和宗教特权","authors":"Nobuyoshi Fujinami","doi":"10.1017/byz.2023.22","DOIUrl":null,"url":null,"abstract":"At the turn of the twentieth century, Greek jurists insisted that the Ottoman Empire was legally pluralistic. While one jurist acknowledged the Sultan's ‘political purpose' in respecting the Greeks' privileges, another denied Muslims any agency free from Sharia. The alleged incommensurability between the Christian and Islamic law was their common agenda. Greek historians, on the other hand, saw the privileges as the Turks’ sign of goodwill, and emphasized the civilizational gap between the Catholic West and Ottoman East. Being a normative expression rather than a neutral description, legal pluralism functioned as a method of neglecting the Muslim quest for legal unity.","PeriodicalId":43258,"journal":{"name":"BYZANTINE AND MODERN GREEK STUDIES","volume":"46 ","pages":"0"},"PeriodicalIF":0.3000,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Legal pluralism for whose sake? Ottoman law, Greek jurists, and religious privileges\",\"authors\":\"Nobuyoshi Fujinami\",\"doi\":\"10.1017/byz.2023.22\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"At the turn of the twentieth century, Greek jurists insisted that the Ottoman Empire was legally pluralistic. While one jurist acknowledged the Sultan's ‘political purpose' in respecting the Greeks' privileges, another denied Muslims any agency free from Sharia. The alleged incommensurability between the Christian and Islamic law was their common agenda. Greek historians, on the other hand, saw the privileges as the Turks’ sign of goodwill, and emphasized the civilizational gap between the Catholic West and Ottoman East. Being a normative expression rather than a neutral description, legal pluralism functioned as a method of neglecting the Muslim quest for legal unity.\",\"PeriodicalId\":43258,\"journal\":{\"name\":\"BYZANTINE AND MODERN GREEK STUDIES\",\"volume\":\"46 \",\"pages\":\"0\"},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2023-10-31\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"BYZANTINE AND MODERN GREEK STUDIES\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/byz.2023.22\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"0\",\"JCRName\":\"HUMANITIES, MULTIDISCIPLINARY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"BYZANTINE AND MODERN GREEK STUDIES","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/byz.2023.22","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"HUMANITIES, MULTIDISCIPLINARY","Score":null,"Total":0}
Legal pluralism for whose sake? Ottoman law, Greek jurists, and religious privileges
At the turn of the twentieth century, Greek jurists insisted that the Ottoman Empire was legally pluralistic. While one jurist acknowledged the Sultan's ‘political purpose' in respecting the Greeks' privileges, another denied Muslims any agency free from Sharia. The alleged incommensurability between the Christian and Islamic law was their common agenda. Greek historians, on the other hand, saw the privileges as the Turks’ sign of goodwill, and emphasized the civilizational gap between the Catholic West and Ottoman East. Being a normative expression rather than a neutral description, legal pluralism functioned as a method of neglecting the Muslim quest for legal unity.
期刊介绍:
Byzantine and Modern Greek Studies is an internationally recognised, peer-reviewed journal and one of the leading publications in its field. It is viewed as an important outlet for current research. Published twice a year in spring and autumn, its remit has always been to facilitate the publication of high-quality research and discussion in all aspects of Byzantine and Modern Greek scholarship, whether historical, literary or social-anthropological. It welcomes research, criticism, contributions on theory and method in the form of articles, critical studies and short notes.