Prolegomena zu einer Rechtsgeschichte Südosteuropas

Abstract

This article tries to outline the history of law in South Eastern Europe – a subject that currently is being researched in an international project at the Max Planck Institute for European Legal History. It reflects on some historical aspects and theoretical issues which may help to identify the analytical approach and interest in that case. The history of law in Southeast Europe bears the hallmarks of the general history of the region. National politics has often dominated and still dominates historical thinking. On the other hand, legal history has been part of the traditional discourse of modernization. Since the 19th century the Ottoman Empire and its successor states looked upon Western Europe as the universal model of social and political organization which they have made efforts to adopt. The article tries to overcome the implications of both nationalism and modernization starting from a general idea of modernity. It also aims at integrating the Ottoman history in the study of legal history of the post-Ottoman states. Finally, it discusses the problem of legal transfer which played a crucial role in the formation of national legal systems in the successor states.