设定并遗忘?奥斯曼帝国和土耳其商业法的演变

Set and Forget? The Evolution of Business Law in the Ottoman Empire and Turkey

Business History Review · 2021
被引 14 · 同刊同年前 5%
ABS 4

中文导读

研究了商业法在奥斯曼帝国晚期和土耳其共和国早期如何被移植和演变,发现政治经济背景(如治外法权和民族国家建设)影响了法律变革的动力和方向。

Abstract

This study examines the transplantation and evolution of business law in the late Ottoman Empire and the early Turkish republic, drawing broader implications for the economic and political determinants of legal transplantation for late industrializers. We show that the underlying political economy context was influential in shaping the way commercial law was transplanted and evolved in Turkey. Extraterritorial rights in the nineteenth century eroded the incentives to demand legal change by providing alternative legal rules to the non-Muslim commercial elite; the nation-building efforts of the twentieth century cultivated a new Muslim business class that was reliant on the state's goodwill for success and could not effectively push for more open access to novel forms of business organization.

经济史法律移植政治经济学制度变迁