Capitulations "in a box": the power of Ottoman procedural codes

Official URL: http://dx.doi.org/10.1163/9789004755192-014

This study examines the jurisdictional authority of the 1879 Ottoman Procedural Codes, which has not been exhaustively studied in terms of its impact on courtroom culture and capitulations. This study situates the evolution of legal formalism within a broader historical context. The role of procedural codes is central to the operation of justice, showcasing the integrity of the judicial body. In other respects, the courtroom realm provides a lens to reflect on how competence in jurisdiction is displayed and advocated. The Ottoman Empire stands out among other non-European states considering its centuries-old capitulation tradition in its interplay of diplomacy with Europe. Capitulations were always present and remained binding until the end of the empire. This study argues, however, that the treaty system gradually lost its sanction of jurisdictional power as legislative efforts gained pace at home. It also shows that the increasing prominence of the rule of law should not be taken for granted as the new procedural codes soon played a pivotal role in steering the Ottoman foreign policy against the backdrop of capitulations. When the competence of the judiciary was redefined, now rooted in a more substantive and self-reliant approach to adjudication, the capitulatory states had to find new legal outlets for their jurisdictional claims.