scholarly journals Dispute Resolution and Kahal Kadosh Talmud Torah: Community Forum and Legal Acculturation in Eighteenth-Century Amsterdam

Author(s):  
Evelyne Oliel-Grausz
Author(s):  
James E. Baldwin

Chapter 5 explores how Cairo’s political notables began to resolve disputes among the city’s population during the late seventeenth and eighteenth centuries, encroaching on the jurisdictions of long-established Ottoman legal institutions. This development saw justice become enmeshed in the patron-client networks and factional antagonism of Cairo’s politics. Using contemporary chronicles, the chapter also explores what eighteenth-century Cairenes thought of their city’s legal system. It shows that in some cases, chroniclers were critical of the official courts’ passivity and cautious adherence to procedure, and saw powerful men using intelligence, cunning and violence to investigate wrongdoing as a superior guarantee of justice.


2014 ◽  
Vol 38 (1-2) ◽  
pp. 183-202
Author(s):  
Metin M. Coşgel ◽  
Boğaç A. Ergene

Since the emergence of the Weberian notion of “kadijustiz” scholars have debated the ability of Islamic courts to resolve disputes fairly and predictably. For a quantitative analysis of how these courts resolved disputes, we use data from the court records (sicils) of the Ottoman town of Kastamonu and examine whether the judges’ decision followed systematic patterns and whether the patterns were logical. The results show that the trial outcome was influenced by the gender, elite status, religion, and religious markers of litigants. Using the tools and concepts of modern scholarship on dispute resolution, we argue that in resolving disputes Kastamonu courts displayed logical patterns that are consistent with those identified by quantitative analysis of court outcomes in modern societies.


Sign in / Sign up

Export Citation Format

Share Document