Was there a rule of law in the late Ottoman Empire?

The rule of law is a widely used term in scholarship on Ottoman legal reforms. Nevertheless, the actual meaning of this notion is rarely clarified in the writing on the late Ottoman Empire although theorists of law have discussed the ambiguity of this term. This article aims at examining the value of the rule of law as an analytical category when discussing socio-legal change in the late Ottoman Empire. The article demonstrates that the rule of law can be a meaningful category for historical analysis when conceived through a ‘cultural perspective’ to the law.     

Surname narratives and the state–society boundary: Memories of Turkey's family name law of 1934

The definition of Turkish nationhood after the founding of the Republic has been evaluated and labelled very differently by various scholars. The classical view paralleled the official representation of Republican policies in describing Turkish nationhood as being based on a civic and territorial understanding of nationality. More recent and much more critical scholarship, which enjoys a near-hegemonic position in the study of Turkish nationalism today, claims that the official definition of Turkish nationhood has a clearly identifiable mono-ethnic orientation, manifest in a series of policies and institutions. This article argues that the definition of Turkish nationhood as manifest in state policies is neither territorial nor mono-ethnic, but rather ironically for the adamantly secular Turkish republic, the definition of Turkish nationhood is mono-religious and anti-ethnic, in striking continuity with the Islamic millet under the Ottoman Empire. The reason critical scholars perceive Turkish nationhood as mono-ethnic might stem from the dichotomous view of nationalisms as civic versus ethnic, a dichotomy that has recently been repudiated by some of its erstwhile proponents. Supremacy of the religious over ethnic categories in Turkey, as a historical legacy of the Ottoman millet system, might be applicable to most post-Ottoman states in the Islamic Middle East and North Africa, in contrast to the interplay of ethnicity and religion in Western Europe. This view of Turkish nationhood is confirmed by a dozen interviews that the author conducted with members of the political and intellectual elite of different ideological orientations in Turkey. It is then demonstrated how the new efforts at reformulating modern Turkish identity with reference to Ottoman and Islamic conceptions lead to new inclusion–exclusion dynamics with the Kurds and the Alevis, suggesting that a truly inclusive reformulation has to follow secular and territorial principles.     

From kanun-ı kadim (ancient law) to umumun kuvveti (force of people): historical context of the Ottoman constitutionalism

This paper attempts to examine the prevailing scholarly view on the Young Ottoman and the Young Turk movements, which postulates that the concept of constitutionalism was solely and directly based on the western model, imported by the constitutionalist movements to the Ottoman Empire. As a child of the ‘modernization theory’, this approach mostly concentrates on European impact in an isolated manner, thus overlooking not only the manifold sources of the Ottoman constitutionalism, but also the means of legitimation that the Young Ottomans and the Young Turks cultivated. In view of this, I seek to shed light on the historical context of the Ottoman constitutionalism, by pointing out how the Young Ottomans and the Young Turks perceived the power struggles in the course of the seventeenth and eighteenth centuries, and built continuity between themselves and the political position that aimed to restrict the royal prerogative before the nineteenth century.     

Revolution and rule: Where do we go from here?

Abstract

Within the confines of its author's essentially administrative focus and concerns, Canton Under Communism is extremely informative, nuanced but lucid, and strikingly fair-minded. With the possible exception of Franz Schurmann's Ideology and Organization in Communist China, Professor Vogel's book is undisputably the finest work on post-'49 China produced to date by an American social scientist. If less brilliant than Schurmann's book, Canton Under Communism is much more manageable and, in that sense, more useful as a high-quality, standard text in university courses. Its publication, moreover, may well signal the end of an era of American scholarship on Communist China.     

Testing Duvergerʼs law: strategic voting in Mongolian elections, 1996–2004

Recent empirical research on voting in single-member districts, based on extensive data-sets of election results, has demonstrated the general (although not universal) validity of Duverger’s law (i.e. that the average outcome under plurality rule is generally consistent with two-party competition). This article tests Duverger’s law through analysis of a data-set covering Mongolian parliamentary elections in the period of 1996–2004. The results show consistent, but not linear, movement towards the Duvergerian equilibrium in Mongolia, with large part of the districts conforming to the Duvergerian norm of two-party competition. Duverger treated his law merely as an important tendency but insisted that social forces are the main determinants of the number of political parties. The main factor that limited Mongolian voters’ rationality, and created problems with their strategic ability to distinguish and abandon hopeless candidates, was weak institutionalization of the Mongolian party system. Finally, I prove that the emergence of bipolar party politics was not an immediate process and will continue over a series of elections, supporting the so-called “learning hypothesis.”     

Against the law: Arthur Maimane’s pioneering hard-boiled black detective fiction in Drum Magazine

ABSTRACT

This article sets out to re-examine, and recover, South Africa’s first hard-boiled crime fiction created by a black writer: Arthur Maimane’s crime stories published in Drum magazine in 1953. Maimane wrote a series of stories about a black PI, styled on the American hard-boiled genre for Drum, a popular South African magazine aimed at a black audience, known for its borrowing from American popular culture. Mamaine’s fiction has been widely dismissed by generations of Drum critics, as “derivative” “imitation.” Repositioning the stories within the broader context of crime fiction suggests quite a different reading. Maimane’s stories reveal how tensions between the genre and laws in apartheid South Africa resulted in radical alterations to the hard boiled formula. Since Maimane’s stories precede Chester Himes’s African-American novels, they should be recognized as a pioneering example of black crime fiction that demonstrates the relationship between race and genre.     

The end of apartheid as part of ‘the end of history'?

This article undertakes a critical assessment of Francis Fukuyama's interpretation of the end of apartheid. It is argued that Fukuyama's analysis, which rests on linking economic growth to democracy, falls short in the depth of its empirical analysis and fails to establish the necessary causal connection. The appeal of Fukuyama's approach is therefore explained in terms of its ideological context and function.     

Out of Sight,Out of Mind? External Voting and the Political Representation of Portuguese Emigrants

Over recent decades, emigrants have gained expanded voting rights on a global scale. Despite the normative debates about this issue, there are few empirical studies on why states decide to implement external voting and how electoral systems perform. This article seeks to fill this gap by looking at the Portuguese case. Our study suggests that a combination of political and socio-economic factors explains the implementation of external voting. On the other hand, the interests of political parties and the low level of civil society engagement are key to determining the failure of electoral reforms and the attempts to overcome the shortcomings of external voting.     

The ambivalent Apostle of 1953: a liminal reading of the centenary of José Martí

This article has common Cuban motifs at its core: the prevalent obsession with the notion of collective identity, the ideological and psychological importance of national anniversaries, and the omnipresence of the archetypal patriot José Martí. It approaches all from a particular theoretical perspective, however, and thus presents a new reading of the so-called ideario martiano and of the Cuban “national narrative” at a critical moment of the island’s historical trajectory: 1953, the centenary of Martí’s birth. Taking its lead from cultural anthropology (and particularly from the work of Victor Turner), this article presents the half-century since independence in 1902 as a post-colonial “rite of passage” punctuated by a series of turning points, or “limens,” within which the sense of national identity was exposed to sustained scrutiny by public intellectuals and activists. The article provides evidence of such intense collective introspection in 1953 when commemorations of Martí’s centenary stimulated a re-examination of the Republic in the light of his luminous example. Importantly, this turning point is also exposed as a battleground on which antagonistic interpretations of martiano heroism, Republican history, and national identity faced each other in exegetical strife.     

In Search of a Non-Eurocentric Understanding of Modernization: Turkey as a Case of ‘Multiple Modernities’

This article uses the Turkish case of modernity to critically examine different understandings of modernization put forward by competing schools of thought, namely the ‘classical modernization theory’, the ‘neo-modernization theory’ and the ‘multiple modernities paradigm’. In the context of modernization studies, Turkey has long held a special place as numerous scholars have studied this country in an attempt to validate the ‘convergence thesis’ – namely the idea that once a non-western society launches a secularization and/or an industrialization programme, its political regime and socio-economic life would eventually resemble its western counterparts. Firstly, the three theories are comparatively analysed by discussing how they perceive the concept of modernity and its interaction with religion, economic development and democratization. Then, the theories are reviewed in light of the Turkish experience. It is argued that the Turkish modernity can be best comprehended through the lens of the multiple modernities paradigm that challenges the Eurocentric assumption of classical modernization and neo-modernization theories based on the convergence thesis.     

Sites of power,instruments of public intervention: the Palace of Congress and the construction of federal power in Argentina, 1880–1916

SUMMARY

This article intends to provide an analysis of the process of building a house for the Argentine congress between 1880 and 1916. After the presidential campaign and revolution of 1880, Argentina entered a new political era that saw the definition of a political system under the hegemony of the Partido Autonomista Nacional and the consolidation of the federal state. The defeat of porteño militias in 1880 represented the end of the project of a national state controlled from Buenos Aires and the transformation of the city into the federal capital of the country. This new role meant that the city now needed buildings to accommodate new functions, a house for parliament among them. This article explores the significance of building the Palace of Congress as part of a broader plan by politicians, urban planners and bureaucrats to place symbols of republican greatness in central areas of the new capital. This study also focuses on the parliamentary debates that discussed the allocation of public funding for the construction of congress and the importance of giving the new capital examples of monumental architecture as a way to underscore its new political status. Finally, this article analyses the impact of the debates in congress and in the press about allegations of embezzlement and corruption that surrounded the building of the Palace of Congress.     

Means of production versus means of coercion: can Russian business limit the violence of a predatory state?

In their most recent works, North and his coauthors (North, D. C., J. J. Wallis, S. Webb, and B. R. Weingast. 2012. In the Shadow of Violence: Politics, Economics, and the Problems of Development. New York, NY: Cambridge University Press; North, D.C., J. J. Wallis, and B. R. Weingast. 2009. Violence and Social Orders: A Conceptual Framework for Interpreting Recorded Human History. New York, NY: Cambridge University Press) name the formation of organizations capable of effectively restricting violence in society as a necessary condition for transition from developing societies to societies with sustainable economic growth. However, the mechanisms of emergence and conditions for the operation of such organizations in contemporary developing countries remain unclear. We follow the logic of formation of such organizations using the case study of collective actions of the Russian business community aimed at restricting “state violence” against business. We seek to identify the conditions leading to a shift in the choice of strategies from attempts at informal agreements with extortionists controlling means of coercion to cooperation of businessmen and trace the further evolution of organized forms of collective action. Finally, we assess to what extent the created organizations can be efficient and self-supporting in the long term.     

Echoes of domestic silence: mechanisms of concealment in cases of ‘Family Honour Killings’ in Mandate Palestine

This article deals with the manner in which family and community in Mandate Palestine attempted to keep the criminal justice system from intervening in cases defined as ‘Family Honour Killing’. Drawing on criminal court cases, we argue that the familial, domestic and communal features of this crime and its social, predominantly rural, context were critical for the attempts to keep it within the community and to prevent state intervention by obstructing, concealing and denying evidence. We focus on the mechanisms used by members of the family and community for that purpose. Our case study is in line with previous findings indicating the under-reporting of domestic violence, especially when witnesses were closely related to both the victim and the perpetrator. This domestic and communal alignment was most likely reinforced under colonial rule, though it was not necessarily caused predominantly in opposition to it.     

The Return of ‘Social Europe’: Ideas and Positions of German Parties towards the Future of European Integration

Politics in Eastern Europe. By George Schöpflin. Oxford: Blackwell, 1993. £12.99 pb.

Eastern Europe since 1945. By Geoffrey Swain and Nigel Swain. Basingstoke and London: Macmillan, 1993. £10 pb.

Revolution in East‐Central Europe. The Rise and Fall of Communism and the Cold War. By David S. Mason. Boulder, San Francisco and Oxford: Westview Press, 1992. £9.50 pb.

Surge to Freedom: The End of Communist Rule in Eastern Europe. By J.F. Brown. Twickenham: Adamantine Press, 1991. £18.40 pb.

The New Democracies in Eastern Europe. Party Systems and Political Cleavages. Edited by Sten Berglund and Jan Åke Dellenbrant. Aldershot: Edward Elgar, 1991. £39.95 hb.

Developments in Eastern European Politics. Edited by Stephen White, Judy Batt and Paul G. Lewis. Basingstoke and London: Macmillan, 1993. £11.99 pb.     

Responding to Western Critiques of the Muslim World: Deconstructing the Cliché of Islamophobia and the Genealogies of Islamic Extremism

This paper is premised on the questions of whether Islam as a religion, spiritual domain, cultural practice and philosophy should be held responsible for whatever activities the Muslims choose to do in their personal capacity. Does the ascribed status of individuals being Muslims and their choice of declaring themselves as terrorists in the name of Islam entail that they are true followers of the religion and have been theologically and spiritually inspired by it? These questions have sprung up because Islam as a religion has constituted the fundamental component of western interpretation of the reasons for the rise of violent extremism involving Muslim radicals. In this context, the objective of this paper is to examine how the contemporary western interpretations, linking the actions of Muslim extremist groups with those of the ontology and epistemology of Islam, are predicated on a faulty cognition of the nature and the guiding principles of that religion itself. To accomplish this, the paper critiques Samuel Huntington's ‘clash of civilizations’ thesis and Bernard Lewis's version of the roots of Muslim extremism.