© koninklijke brill nv, leiden, ���6 | doi �0.��63/�5685�09- � �34�4�5
Journal of the Economic and
Social History of the Orient 59 (�0 �6) 8 �8-856
brill.com/jesh
Modernity as a Code: The Ottoman Empire and the
Global Movement of Codification
Avi Rubin
Ben-Gurion University of the Negev
rubin.2005@gmail.com
Abstract
Codification was a founding feature of Ottoman legal reform from the 1840s until the
demise of the empire. This article seeks to situate the Ottoman project of codifica-
tion in the context of the global codification momentum, which set the ground for a
transnational common imagination of the law during the “long nineteenth century”.
When analyzed from the perspective of glocalization, Ottoman codes, much like codes
elsewhere, stand out as essential signifiers of modernity in the socio-legal sphere.
Keywords
Ottoman Empire – Codification – Modernity – Legal formalism – Mecelle – Ottoman
legal culture
Introduction
In recent years, the study of Ottoman socio-legal change in the nineteenth
century has benefitted from a series of contributions dealing with issues of
judicial practice, legal reform, legislation, and legal culture. Whereas older
descriptions of Ottoman legal change were limited to a schematic sketching
of Ottoman “imitation” of “western” institutions in the legal and the admin-
istrative domains, the picture emerging from recent scholarship is more
* I am grateful to the anonymous readers and the editor of JESHO for their thoughtful com-
ments. I am also indebted to Huricihan İslamoğlu and M. Safa Saraçoğlu for comments on
early drafts. This research was supported by The Israel Science Foundation (grant No. 17/14).