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Viorel Panaite analyzes the status of tribute-payers from the north of the Danube with reference to Ottoman law of war and peace, focusing on the legal and political methods applied to extend the pax ottomanica system over Wallachia, Moldavia and Transylvania.
The articles compiled in Ottoman War & Peace. Studies in Honor of Virginia H. Aksan, honor the prolific career of a foremost scholar of the Ottoman Empire, and engage in redefining the boundaries of Ottoman historiography. Blending micro and macro approaches, the volume covers topics from the sixteenth to twentieth centuries related to the Ottoman military and warfare, biography and intellectual history, and inter-imperial and cross-cultural relations. Through these themes, this volume seeks to bring out and examine the institutional and socio-political complexity of the Ottoman Empire and its peoples. Contributors are Eleazar Birnbaum, Maurits van den Boogert, Palmira Brummett, Frank Castiglione, Linda Darling, Caroline Finkel, Molly Greene, Jane Hathaway, Colin Heywood, Douglas Howard, Christine Isom-Verhaaren, Dina Rizk Khoury, Ethan L. Menchinger, Victor Ostapchuk, Leslie Peirce, James A. Reilly, Will Smiley, Mark Stein, Kahraman Şakul, Veysel Şimşek, Feryal Tansuğ, Baki Tezcan, Fatih Yeşil, Aysel Yıldız.
Making use of legal and historical sources, Viorel Panaite analyzes the status of tribute-payers from the north of the Danube with reference to Ottoman law of peace and war. He deals with the impact of Ottoman holy war and the way conquest in Southeast Europe took place; the role of temporary covenants, imperial diplomas and customary norms in outlining the rights and duties of the tributary princes; the power relations between the Ottoman Empire and the tributary-protected principalities of Wallachia, Moldavia and Transylvania. He also focuses on the legal and political methods applied to extend the pax ottomanica system in the area, rather than on the elements that set these territories apart from the rest of the Ottoman Empire.
Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index
In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.
An unprecedented scholarly effort surveying the very important, but neglected role of and consequences for the Ottoman state of World War I
This treatise investigates the emergence of the early modern law of nations, focusing on Alberico Gentili’s contribution to the same. A religious refugee and Regius Professor at the University of Oxford, Alberico Gentili (1552–1608) lived in difficult times of religious wars and political persecution. He discussed issues that were topical in his lifetime and remain so today, including the clash of civilizations, the conduct of war, and the maintenance of peace. His idealism and political pragmatism constitute the principal reasons for the continued interest in his work. Gentili’s work is important for historical record, but also for better analysing and critically assessing the origins of international law and its current developments, as well as for elaborating its future trajectories.
International Law and Islam: Historical Explorationsoffers a unique opportunity to examine the Islamic contribution to the development of international law in historical perspective. The role of Islam in its various intellectual, political and legal manifestations within the history of international law is part of the exciting intellectual renovation of international and global legal history in the dawn of the twenty-first century. The present volume is an invitation to engage with this thriving development after 'generations of prejudiced writing' regarding the notable contribution of Islam to international law and its history.
This work addresses the Islamic notion of Holy War and its interpretation and application by the Ottoman Empire against Roman Principalities in the 15th to 18th centuries. Inextricably connected to Islamic law, the objectives of Islam's Holy War are starkly distunguished from those of mere war with the sword, where military actions are determined by political interests and economic gain.