scholarly journals “Law and Economics” Literature and Ottoman Legal Studies

2014 ◽  
Vol 21 (1-2) ◽  
pp. 114-144 ◽  
Author(s):  
Metin M. Coşgel ◽  
Boğaç Ergene
Keyword(s):  
Eighteenth Century ◽  
Ottoman Empire ◽  
Law And Economics ◽  
Selection Principle ◽  
Court Records ◽  
Legal Studies ◽  
Economics Literature ◽  
The Law

This article considers the relevance of hypotheses developed in the “law and economics” literature regarding settlement-trial decisions in the Ottoman Empire. In particular, it explores the applicability of the “selection principle” and “50 percent plaintiff win-rate” formulated by George Priest and Benjamin Klein. The article also demonstrates how existing research based on Ottoman court records can contribute to the “law and economics” scholarship, which is dominated by research based on modern, Western contexts. The article utilizes the court records from eighteenth-century Kastamonu to make observations about settlement/litigation decisions in an Ottoman context. 


Slavery and Ransom

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
Eighteenth Century ◽  
Ottoman Empire ◽  
Young Men ◽  
Individual Characteristics ◽  
The State ◽  
Customary Law ◽  
Late Eighteenth Century ◽  
Late Eighteenth ◽  
The Law

This chapter explores captives’ fates after their capture, all along the Ottoman land and maritime frontiers, arguing that this was largely determined by individuals’ value for ransom or sale. First this was a matter of localized customary law; then it became a matter of inter-imperial rules, the “Law of Ransom.” The chapter discusses the nature of slavery in the Ottoman Empire, emphasizing the role of elite households, and the varying prices for captives based on their individual characteristics. It shows that the Ottoman state participated in ransoming, buying, exploiting, and sometimes selling both female and male captives. The state particularly needed young men to row on its galleys, but this changed in the late eighteenth century as the fleet moved from oars to sails. The chapter then turns to ransom, showing that a captive’s ability to be ransomed, and value, depended on a variety of individualized factors.

The Taming of Highland Masculinity: Interpersonal Violence and Shifting Codes of Manhood, c. 1760–1840

2017 ◽  
Author(s):  
Lynn Abrams
Keyword(s):  
Eighteenth Century ◽  
Middle Class ◽  
Interpersonal Violence ◽  
Cultural Norms ◽  
Indigenous Culture ◽  
Class Culture ◽  
Court Records ◽  
Scottish Highlands ◽  
The Law ◽  
Violent Assault

This chapter argues that male interpersonal violence provides a way in which divergent, conflicting and shifting codes of manliness in Scottish society can be discerned. Historians of masculinity have argued that the eighteenth century saw a change in the model of manhood as male interpersonal violence in defence of honour and reputation was replaced by the advocacy of self-governance and recourse to the law. Using court records of violent assault, this chapter focusses on a type of modernizing society – the Scottish Highlands 1760-1840 - in which a code of violence governed by an indigenous culture of manhood was gradually superceded by new cultural norms. An earlier association of masculinity with interpersonal violence in the Highlands was challenged increasingly from around 1800 by those who advocated civility and restraint amongst men, especially in the growing Highland town of Inverness, the centre of an emerging middle-class culture with changing social sensibilities

The Economics of Fiduciary Law

2019 ◽  
pp. 665-685
Author(s):  
Richard R.W. Brooks
Keyword(s):  
Economic Analysis ◽  
Law And Economics ◽  
Structural Approach ◽  
Economic Analysis Of Law ◽  
Economic Agents ◽  
Institutional Economic ◽  
The Third ◽  
Personal Character ◽  
Economics Literature ◽  
The Law

This chapter examines the treatment of fiduciary law in the field of law and economics. It begins with a typology of three theoretical tracts that accounts for loyalty in economics: the first tract takes a structural approach to questions of loyalty and disloyalty based on models occupied by strictly rational economic agents who are unable to choose or act in any manner than that dictated by narrow self-interests; the second explains loyalty in terms of personal character or preferences for particular actions and choices; and the third approaches loyalty in terms of allegiances to relationships or associations and, more specifically, to their associated rules of conduct. The chapter then discusses these three theoretical tracts of loyalty by reviewing the law and economics literature on beneficiaries and fiduciaries in general, and principals and agents in particular. The discussion is organized along lines of the two branches of scholarship that defines the field of law and economics: institutional economic analysis and economic analysis of law.

Long-term Contracts in the Law and Economics Literature

2013 ◽  
Author(s):  
Mireia Artigot i Golobardes ◽  
Fernando Gómez Pomar
Keyword(s):  
Law And Economics ◽  
Economics Literature ◽  
The Law

scholarly journals WOMEN, CRIME AND THE SECULAR COURT IN EIGHTEENTH CENTURY CLUJ

2020 ◽  
Vol 6 (2) ◽  
pp. 33-42
Author(s):  
Andrea Fehér
Keyword(s):  
Eighteenth Century ◽  
Early Modern ◽  
Legal System ◽  
Narrative Strategies ◽  
Court Records ◽  
Female Crime ◽  
Female Criminality ◽  
The Law ◽  
Male Discourse ◽  
The Town

The purpose of this presentation is to address the issue of female criminality in early modern Cluj, and to analyze women’s position before the law. Our investigation is based on the records of the secular Court from the town Cluj, where we have identified more than 250 cases of women accused of fornication, adultery, witchcraft, infanticide, theft and drunkenness, poisoning, swearing and slander. There were a significant number of female convictions during the century, from which most ended with light sentences, such as banishment, corporal punishments, stigmatizations with hot iron, mutilations and only occasionally death. We would like to analyze in detail the types of crime  and their punishments presenting the legal background, the jurisdiction and the habitual practices of the Court. We would also like to underline the importance of the narrative strategies used in these inquisitorial trials, since our documents reveal female criminality from a male perspective, as in these times men ran the legal system, consequently the Court records, in our reading contain moral, legal and sexual elements of a male discourse on female crime.

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