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Dispute Resolution in Ottoman Courts: A Quantitative Analysis of Litigations in Eighteenth Century Kastamonu

Metin Cosgel () and Bogac A. Ergene
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Bogac A. Ergene: University of Vermont

No 2012-33, Working papers from University of Connecticut, Department of Economics

Abstract: 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. JEL Classification: H1, K, N45 Key words: court, litigation, trial, dispute resolution, selection effect, Ottoman Empire

New Economics Papers: this item is included in nep-his
Date: 2012-09
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