Abstract
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Kemalpaşazade Sait (1848-1921) is widely acknowledged as one of the first Ottomans to have published textbooks on both international and domestic law, but few studies inquire into the characteristics of his thought in the context of modern legal studies. In his discussion of international law, Sait neglects Islam and fails adequately to examine the question of semi-sovereignty, a vital concern of Ottoman diplomacy at the time. In the field of domestic law, Sait concentrates on praising Reşit Pasha and the Tanzimat reforms he orchestrated, by identifying Islam with the modern Western ideal of law. Throughout his texts, Sait has little to say about the (secular) state’s sovereignty and its exercises. Sait’s approach to Islam and sovereignty, arguably two of the most fundamental issues in Ottoman law, apparently failed to keep pace with the development of legal studies after the Young Turk Revolution. Kemalpaşazade Sait (1848-1921) is widely acknowledged as one of the first Ottomans to have published textbooks on both international and domestic law, but few studies inquire into the characteristics of his thought in the context of modern legal studies. In his discussion of international law, Sait neglects Islam and fails adequately to examine the question of semi-sovereignty, a vital concern of Ottoman diplomacy at the time. In the field of domestic law, Sait concentrates on praising Reşit Pasha and the Tanzimat reforms he orchestrated, by identifying Islam with the modern Western ideal of law. Throughout his texts, Sait has little to say about the (secular) state’s sovereignty and its exercises. Sait’s approach to Islam and sovereignty, arguably two of the most fundamental issues in Ottoman law, apparently failed to keep pace with the development of legal studies after the Young Turk Revolution.
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