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Governing property, making the modern state - PSI424

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Part one | 2<br />

devolution of offices, but modified by <strong>the</strong> end of <strong>the</strong> sixteenth century to allow,<br />

in <strong>the</strong> absence of a surviving son, a daughter(s) resident in <strong>the</strong> village to pay<br />

<strong>the</strong> entry-fee for <strong>the</strong> lot. In short, whereas <strong>the</strong> practical arrangements governing<br />

cultivators in Ottoman administrative law (kanun) corresponded to a subject office<br />

or status, <strong>the</strong> ideological necessity of restricting <strong>the</strong> category of office to <strong>the</strong> elite<br />

of <strong>the</strong> Ottoman order rendered <strong>the</strong> jurisprudential definition of <strong>the</strong> cultivator’s<br />

legal persona doctrinally problematical. It was <strong>the</strong> sheer political eminence of<br />

Ebussuud, <strong>the</strong> sheikh-ul-Islam of sultan Süleyman ‘<strong>the</strong> lawgiver’, that closed<br />

debate over terms legally ambivalent.<br />

20

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