Legal Pluralism: The case of Ottoman Empire and Middle East
fgkaragoz@gsu.edu.tr
Content
Objective
The aim of this course is to analyse the concept of legal pluralism through history by focusing mostly on Ottoman legal history. The limitations of pluralism in early modern and modern age will be discussed. The course also gives the opportunity to analyse the impact of colonialism and post-colonialism on law in Middle East in general.
Course Content
The concept of legal pluralism
The notion of pluralism in the empires
The pluralism in the Ottoman Empire
Course Learning Outcomes
At the end of this course, student
-Could analyse the background of the search for justice in early modern state.
-Could define how people had access to justice when legal norms were fixed by various authorities.
-Could determine legal system of the Ottoman Empire.
-Could compare different modes of legal pluralism as seen in Middle East in 19th and early 20th century.
Teaching and Learning Methods
Seminar, article discussion
References
Weekly assigned readings, course notes and:
General sources
Haim Gerber, 1994. State, Society and Law in Islam Ottoman Law in Comparative Perspective, State University of New York Press.
Haim Gerber, 1999. Islamic Law and Culture 1600-1840, Brill, Leiden.
M. B. Hooker, 1975. Legal Pluralism, An Introduction to Colonial and Neo-colonial Laws, Clarendon Press.
Joseph Schacht, 1979. The Origins of Muhammadan Jurisprudence, Oxford University Press.
Weekly Contents
| Week | Weekly Contents |
|---|---|
| 1 | Introduction |
| 2 | What is legal pluralism? |
| 3 | Legal pluralism in empires, an introduction: |
| 4 | Legal Pluralism in early centuries of Islam: |
| 5 | Legal Pluralism in Ottoman Law: A general survey |
| 6 | Legal pluralism in 19th century: case studies |
| 7 | Legal pluralism in 20th century: case studies |
| 8 | Presentation |
| 9 | Presentation |
| 10 | Presentation |
| 11 | Presentation |
| 12 | Presentation |
| 13 | Presentation |
| 14 | Presentation |
Assessment System
| Activities | Number | Contribution |
|---|---|---|
| Contribution of in-term studies to overall grade | 3 | 55 |
| Contribution of final exam to overall grade | 1 | 45 |
| Total | 4 | 100 |
| Activities | Number | Contribution |
|---|---|---|
| Assignments | 0 | 0 |
| Presentation | 1 | 15 |
| Midterm Examinations (including preparation) | 1 | 25 |
| Project | 0 | 0 |
| Laboratory | 0 | 0 |
| Other Applications | 0 | 0 |
| Quiz | 0 | 0 |
| Term Paper/ Project | 0 | 0 |
| Portfolio Study | 0 | 0 |
| Reports | 0 | 0 |
| Learning Diary | 0 | 0 |
| Thesis/ Project | 0 | 0 |
| Seminar | 0 | 0 |
| Other | 1 | 15 |
| Make-up | 0 | 0 |
| Total | 3 | 55 |
ECTS
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 2 | 28 |
| Working Hours out of Class | 14 | 4 | 56 |
| Assignments | 0 | 0 | 0 |
| Presentation | 2 | 14 | 28 |
| Midterm Examinations (including preparation) | 1 | 15 | 15 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 14 | 2 | 28 |
| Final Examinations (including preparation) | 1 | 30 | 30 |
| Quiz | 0 | 0 | 0 |
| Term Paper/ Project | 0 | 0 | 0 |
| Portfolio Study | 0 | 0 | 0 |
| Reports | 0 | 0 | 0 |
| Learning Diary | 0 | 0 | 0 |
| Thesis/ Project | 0 | 0 | 0 |
| Seminar | 0 | 0 | 0 |
| Other | 14 | 2 | 28 |
| Make-up | 1 | 30 | 30 |
| Yıl Sonu | 0 | 0 | 0 |
| Hazırlık Yıl Sonu | 0 | 0 | 0 |
| Hazırlık Bütünleme | 0 | 0 | 0 |
| Total Workload | 243 | ||
| Total Workload / 25 | 9.72 | ||
| Credits ECTS | 10 | ||