A primary concern for governors appointed to Shkodra from the 1850s onward was to tackle the prevailing custom of blood feuds and the issue of fugitive murderers arising from this practice. To eliminate feuds, which were historically legitimized by the Geg Albanians’ ancient customary laws, called the Kanun of Dukagjini or the law of the mountains (cibal), local authorities set up a multilayered and plural legal regime. In this context, mountain tribes affiliated with the Cibal Commission, which was created under local government supervision in Shkodra, and certain other districts, were officially permitted to operate outside the Ottoman judicial system and implement the law of the cibal, including such retributive measures as house-burning and property confiscation. In areas not officially governed by the law of the cibal, on the other hand, a more complex picture emerged, a picture shaped by recurrent collective settlements of feuds. In peaceful settlements, the scope of which was subject to negotiations between tribal elders (rüesa) and the governor and documented in written contracts, not only was reconciliation facilitated between the feuding parties, but hybrid criminal procedures were also invented, and their enforcement was shared between the Ottoman courts and the rüesa. This system eclectically juxtaposed the Ottoman laws and the cibal laws. Thus, those who could not be punished within the framework of the former would be punished according to the latter. This article aims to explore this exceptional legal regime in Shkodra in the second half of the 19th century, a period marked by centralization in Ottoman judicial and administrative structures and an increasing emphasis on the principle of legality.
Shkodra the law of the mountains (cibal) house-burning collective feud settlements legal pluralism
Bu makale, 19. yüzyılın ortalarından itibaren İşkodra’da kurumsal adalet mekanizmalarıyla Arnavut kanunlarının adaleti tesis mekanizmalarının -cibal usulünün- karşılaşma, temas ve etkileşim anlarına yakından bakmayı, böylelikle Tanzimat sonrası hukuki merkeziyetçilik ve hukuki çoğulluk tartışmalarına ceza hukuku ve adaleti merceğinden katkıda bulunmayı amaçlıyor. Makalede evvela İşkodra’da hakim istisnaî hukuk rejiminin zeminini oluşturan koşullar ve bu rejimin belkemiğini teşkil eden Cibal Komisyonu ve cibal usulü üzerinde duracak, ayrıca cibal usulüne istinaden uygulanan cezalardan hane ihrakını sosyo-hukuki bağlamına yerleştirmeye çalışacağım. Ardından yine İşkodra’da akdedilen umumi sulh sözleşmelerine odaklanarak sulh koşullarının müzakere edildiği süreçte icat edilen hibrit usulleri istisnaî yönetimin bir unsuru olarak inceleyeceğim. Nihayet bölgedeki hukuki çoğulluğun yol açtığı ihtilaflı durumlara ve yine buradan beslenen adalet taleplerine birkaç örnekle değindikten sonra, 1908 ertesi militer şiddet ve sıkıyönetim koşullarında Dukakin Kanunu/cibal usulünün kanunlaştırılmasına yönelik yarım kalmış teşebbüsten bahsederek makaleyi bitireceğim.
Primary Language | Turkish |
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Subjects | Historical Studies (Other) |
Journal Section | Research Articles |
Authors | |
Publication Date | December 31, 2024 |
Submission Date | November 21, 2024 |
Acceptance Date | December 29, 2024 |
Published in Issue | Year 2024 Issue: 5 |
Greetings with Our Fifth Issue!
We are delighted to present the latest issue of Toplumsal Tarih Akademi. This marks the fifth issue since the journal’s inception in December 2022, and it is unique as the first non-thematic volume. It also represents our initial experience transitioning from assistant editors to editors of the journal. We apologize in advance for any oversights that may have occurred.
We extend our heartfelt gratitude to our former editors, Yaşar Tolga Cora and Nurşen Gürboğa, whose efforts have swiftly made this journal one of the prominent publications of the History Foundation. Additionally, we thank Mehmet Ö. Alkan, former President of the History Foundation and the journal’s inaugural editor-in-chief, for his pioneering role in launching Toplumsal Tarih Akademi. Aware of the responsibility we bear in advancing the journal, we are committed to fulfilling this role with the support of our editorial board and an expanded editorial team.
At this point, we would like to acknowledge the contributions of our new section editors, appointed during the editorial board meeting in September 2024. Gülhan Balsoy and Cihangir Gündoğdu have joined as book review editors, and Deniz Türker has taken on the role of document analysis section editor. Their dedication and energy have been invaluable in shaping this issue. Although Nurşen Gürboğa has handed over the editorial duties, she continues to serve as editor-in-chief, and her guidance and support—along with her bridge-building with the History Foundation’s management—remain invaluable to us.
We also thank Emre Erkan, our meticulous and efficient Turkish language editor, who has also served as an assistant editor, and Aşkın Yücel Seçkin, our layout editor, for their precise and prompt work. Our anonymous reviewers, the invisible heroes guiding our authors with their revisions, also deserve our sincere appreciation. Lastly, we are deeply grateful to our authors, who have shown great patience and understanding during this transitional period as we produced this issue featuring open-call submissions.
This issue includes four research articles, three document analysis essays, four book reviews, and one commemorative piece.
The research articles in this issue include:
1. Ebru Aykut’s “Managing Exceptions, Negotiating Justice: The Kanun of Cibal, General Amnesties, and Hybrid Penal Systems in İşkodra,” which explores governance strategies in late Ottoman Albanian territories, offering insights into historical events in İşkodra while engaging with Foucault's concept of governmentality.
2. “Jacques Pervititch Before 1922,” a collaborative work by Murat Tülek, Jean-François Pérouse, and Funda Ferhanoğlu, delves into the early life and career of Pervititch before his landmark insurance maps of Istanbul.
3. Nurhan Davutyan’s “Could the 1875 Ottoman Moratorium Have Been Prevented?” provides a fresh perspective on the financial developments leading to the establishment of the Ottoman Public Debt Administration, utilizing comprehensive sources and statistical analysis.
4. Tarkan Murat Akkaya’s “Nothing Else to Write About? The 19th-Century Ottoman Intellectuals’ View of the Cormorant and a Brief Lexicological History” examines a 1899 newspaper article on the cormorant bird, exploring the etymology of bird names in a fascinating study bridging nature and history.
In the document analysis section, edited by Deniz Türker:
- Filiz Yazıcıoğlu reflects on the petitions of Mehmet Tevfik Bey, a telegraph officer during Abdülhamid II’s reign, exploring the political implications of foreign intervention in bureaucratic appointments.
- Mertkan Karaca analyzes a 1909 article by Halil Edhem Bey on the early history of the Imperial Museum (now the Istanbul Archaeology Museums).
- Aysel Yıldız examines the life of Ibrahim Bin Ali, an Ottoman Janissary who was exiled to Russia and later migrated to the United States, through two remarkable letters.
Under the book review section, managed by Gülhan Balsoy and Cihangir Gündoğdu:
- Ekrem Yener reviews Kanun ve Nizam Dairesinde Soykırım Teknokratı Mustafa Reşat Mimaroğlu’nun İzinde Osmanlı’dan Cumhuriyet’e Devlet Mekanizması by Ümit Kurt.
- Melis Cankara examines Uğur Zekeriya Peçe’s Island and Empire: How Civil War in Crete Mobilized the Ottoman World, a study on the social upheavals triggered by the Cretan civil war.
- Ayşe Hilal Uğurlu evaluates Ali Akyıldız’s Mabeyn-i Hümayun: Osmanlı Saray Teşkilatının Modernleşmesi, shedding light on the modernization of Ottoman palace structures.
- Numan Deniz reviews Nir Shafir’s The Order and Disorder of Communication: Pamphlets and Polemics in Seventeenth-Century Ottoman Empire.
In our commemorative section, Fahri Aral honors Necdet Sakaoğlu, a historian, educator, and author renowned for his work in local, urban, Seljuk, Ottoman, and educational history, who passed away last summer.
Moving forward, our journal will publish thematic issues in June and open-call issues in December. For the December 2025 issue, the submission deadline is June 15, 2025. Submissions must be made through the DergiPark system.
We remain committed to advancing social historiography, fostering free and critical thought, and providing a platform for high-quality Turkish-language academic articles. As part of this mission, we are working to index Toplumsal Tarih Akademi in both national and international databases.
We value your constructive feedback and contributions and look forward to hearing your thoughts on our journal.
Enjoy reading, and may the coming year be a prosperous one.
Firuzan Melike Sümertaş & Sırrı Emrah Üçer
Editors, Toplumsal Tarih Akademi