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Governing property, making the modern state - PSI424

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Part one | 4<br />

were issued that marked a break in Ottoman juridical language: <strong>the</strong>se decreed<br />

a cadastral survey on European models, <strong>the</strong> introduction of mortgage (termed<br />

hypothèque) on <strong>the</strong> model of ‘o<strong>the</strong>r civilized nations’, and <strong>the</strong> unification of<br />

<strong>property</strong> categories across all types of land.<br />

The legislation of 1912 appeared too late to be introduced into <strong>the</strong> Arab<br />

provinces. Nor does it appear to have been treated in practice as part of <strong>the</strong><br />

Ottoman legal corpus by <strong>the</strong> French and <strong>the</strong> British who at <strong>the</strong> end of <strong>the</strong> First<br />

World War occupied and divided <strong>the</strong> Arab provinces between <strong>the</strong>m. British<br />

officials under <strong>the</strong> Mandate in Palestine and Jordan were to implement a similar<br />

programme but were to celebrate <strong>the</strong>ir land registration not as part of Mandate<br />

legal responsibility to apply Ottoman law, but as evidence of <strong>the</strong> progress in<br />

civilization that European forms of <strong>property</strong> represented.<br />

52

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