Property and morality: women in the communal courts of late Ottoman Greece

Abstract

Women in Ottoman Greece were present in a number of different courts of law, one being the so-called communal courts. These courts became increasingly important towards the end of the Ottoman period, especially in areas where there was little if any Muslim population, and they dealt with a great variety of cases ranging from property disputes to rape and crimes of morality. Women were very active in such courts, both as accusers and as accused, showing remarkable knowledge of the manner in which such courts functioned. They frequently chose to pursue cases in them, in part because communal courts were supportive of individuals in difficult circumstances such as widows, who form the bulk of the female petitioners. This was an outcome of the nature of these courts which were composed of the same individuals who exercised executive powers over their communities and who thus wanted to ensure tranquillity and the prosperity of their people. For that reason notables appear almost unconcerned with the stipulations of customary law in several of their judgments, seeking instead to achieve compromises, or what we could term the greater social good. Being local, easily accessible, and familiar to the members of each community, communal courts were attractive to women and men in the years leading to the emergence of the modern Greek state, forming one tier of the complex Ottoman 'system' of conflict resolution.     

Regulating interpersonal debt in the bishop's court of Carpentras: litigation,litigators and the court, 1486 and 1487

Using notarial records, this article explains who sued whom at the bishop's court at Carpentras, why they did so and how the court managed people and their debt disputes. In 1486 and 1487, creditors pursued 240 suits over unpaid loans (about three-quarters of the court's business). Litigants spanned the social spectrum and included both Christians and Jews, suggesting that the court was well embedded in the local economy. This diversity, as well as the predominance of ‘horizontal lending’, matches regional trends. Drawing upon anecdotal evidence and quantitative work, the court's procedures, functions and appeal are explained. Since most loans were made orally, proving their existence was difficult. Cases rarely reached rulings and creditors could not expect from ecclesiastical judges the coercive innovations adopted by secular courts. Yet, this church court was a popular forum to authenticate debts, pressure debtors into confession and encourage peaceful, private concords.     

Women's Public Lives: Navigating the East India Company,Parliament and Courts in Early Modern England

This article traces the strategies that women deployed, and the resources upon which they drew, in order to challenge the East India Company (EIC) and ultimately lay claim to property that they believed was rightfully theirs. It focuses on three women, Elizabeth Dale, Rebecka Duteil and Mary Goodal, who navigated the EIC, parliament and the courts in seventeenth-century London to try to secure their inheritance from husbands and siblings. It offers a fresh perspective on early modern women's public lives by focusing on a wide array of agentic strategies that women employed in their encounters with various institutions. Using a range of sources, including company records, petitions, court depositions and wills, it argues that exploring women's interactions with the EIC, especially in their role as adversaries, enriches understandings of women's agency in early modern England. This article suggests that such a lens can further nuance how we understand the inherent tensions of early modern women's public lives: as inflected by global as well as local contexts and shaped by conflict as well as collaboration.     

Legal geographies and ecological invisibility: The environmental myopia of evidence

This study shows how legal evidentiary rules intended to make trials fair also enable biodiversity loss, even in courts charged with environmental protection. The common law is premised on two types of rules. The first, substantive laws, set rules for how society should function—obstructing and punishing some behaviours while enabling and rewarding others. In contrast, procedural laws are intended to level the playing field when there is a dispute over substantive rules during litigation. This case study concerns a routine environmental dispute over land development in Sydney, Australia. It demonstrates how, by enabling courts to determine what evidence will and will not be considered, procedural rules and practices drive substantive outcomes by rendering certain places, dynamics, and connections visible and capable of judicial action while obscuring others. Specifically, the court’s efforts to use evidentiary tools to make litigation more efficient drove substantive outcomes in two ways. First, work to narrow evidence to address factual disputes also narrowed the court’s geographic scale of analysis to the property boundaries of the site, thus obscuring broader threats to a critically endangered ecological community. Second, these procedural evidentiary decisions drove substantive outcomes undermining biodiversity protection, while concealing their inherently substantive nature. Combined with the tendency of the court to use procedural informality to promote compromise between the parties, and a broader juridical treatment of intact ecological communities as species that can largely be moved at will, the evidentiary rules enabled an environmentally focused court to enable the victory of development over species protection.     

The Wapentake Courts of The Honour of Pontefract, 1427–1877

Wapentake courts continued to play an important role in the administration of the West Riding throughout the early-modern period and for much of the nineteenth century. This can be demonstrated from the surviving court records of the six wapentake courts of the honour of Pontefract. These show that wapentake courts, acting as sheriff's tourns, performed a central function in early-modern local administration. All the township officers within their jurisdictions, including constables, sworn men (bye-law men) and pinders, were sworn into office at sittings of these courts. The roles of these different township officers are made clear. These courts and the seigneurial courts with jurisdiction over civil suits were inter-dependant, as were the wapentake courts and the courts of quarter sessions. Evolutionary changes in the sittings and functions of these courts are described. The wapentake courts were undermined by nineteenth century reforms of policing and to courts for debt litigation, which eventually led to the final abandonment of these courts despite local support for their continuation.     

Midwives as expert witnesses in the 18th-century Finnish courts of justice

ABSTRACT

In this article, I will explore how legalized Finnish midwives acted as expert witnesses in court hearings before 1809, how they worded the statements they gave in court, on what grounds they decided a woman was pregnant or had given birth, and what signs they considered as indicating a miscarriage or the birth of a full-term infant. Their work as expert witnesses relied on their midwifery training as well as their learned knowledge of the anatomy of the female body and the physiology of birth. Ultimately, their knowledge was supported by contemporary guidebooks on midwifery and forensic medicine. As expert witnesses, the trained and legalized midwives of the eighteenth century can be seen as having been legally literate women, who had a duty to provide oral or written evidence to the court and other instances who demanded it. Midwives were capable of using understandable medical and legal terminology in terms of the processing of the court case in their testimony. The forensic examinations carried out by legalized midwives and the expert witness statements they gave also demonstrate the professional skills and expertise of these women.. Their testimonies also show that they were familiar with the characteristics of infanticide referred to in the Swedish medical and forensic literature.     

The Prestige of Australian State Supreme Courts Over the 20th Century

This article measures the prestige of the Australian State supreme courts and examines competing explanations for differentials in their prestige over the course of the 20th century. The study finds that the prestige of the State supreme courts are positively correlated with the reputation of their Bench, proxied by the number of High Court judges from that State; socioeconomic diversity in that State, proxied by the State's population; and legal capital, proxied by the number of pages of the official law reports of the State supreme court.     

Politics and faction at the court of Francis I: the Duchesse D'Etampes, Montmorency and the Dauphin Henri

There has been a growing interest in faction at the court ofFrance in the sixteenth century, alongside the continuing dissectionof clientelism. The later years of Francis I, until recentlyrelatively little understood, have been revealed as a periodof intensely unstable power relations at the centre of the court.This stemmed from the dominance of the Constable de Montmorencyin the years 1537–1540, his step-by-step removal frompower in 1540–1541 and the emergence of the king's mistress,the duchesse d'Etampes as the dominant political figure to whomall the contenders for authority: Admiral Chabot de Brion, Cardinalde Tournon and Admiral Claude d'Annebault had to adjust. Thisstudy examines these relationships, particularly in the lightof the despatches of imperial ambassadors, who sought both toobserve what they thought to be alarming developments in Franceand to encourage the dauphin, an increasingly important figure,to take a hand in the removal of the king's mistress and thesetting aside of his father.     

Social relations on stage: Witnesses in classical Athens

The study of witness testimony raises questions which are fundamental for the student of other cultures, whether past or contemporary. What are the standards expected of a reliable informant and how is reliability to be recognised? How is reliable knowledge about the past established?

The aim of this paper is to analyse the use of witnesses in classical Athenian lawcourts both for its epistemological implications — what does it tell us about Athenian ideas of ‘expert witnesses’, of reliability, of truthfulness and bias — and for the information it gives us about Athenian society and court practice. What kind of men did Athenian litigants select to act as witnesses for them, and what effect did they hope their witnesses’ testimonies would have on the jury?

If we start out from the assumption of modern courts that witnesses are called to ‘establish the facts of the case’ we shall misunderstand the Athenian data. What witnesses actually testified often was not very important: their testimonies might be insignificant, irrelevant or repetitive. To understand their role it is necessary to see them as minor characters in a drama, whose presence provides the backdrop against which the litigant wishes his own actions and character to be seen. Respectable witnesses — officials, members of the ‘professions’, reputable politicians — establish his own respectability. The support of neighbours, associates and kin shows that those who know the milieu in which the dispute arose are on the litigant's side. Denigration Of the opponent's witnesses, kin and associates presents him as a vicious and unreliable character. In the construction of a character‐portrait in court witnesses had an important role to play.     

The Shifting Fortunes of War: Patronage of the Wurttemberg Hofkapelle during the Thirty Years War

German courts have long been renowned for their support of music.How long could this support continue in times of war? This articleconsiders the fate of the Württemberg Hofkapelle duringthe Thirty Years War (1618-48), a conflict that forced manydistinguished Hofkapellen to close their doors for much of thewar's duration. The Hofkapelle (literally ‘court chapel’or music ensemble) was the focus of much music patronage atearly modern German courts, and typically consisted of an orchestraof strings, horns, and percussion, as well as adult male singersand a boys’ choir. Based on an analysis of church councilaccounts that list all expenditure for court music throughoutthe war, the article asserts that demand for music during religiousservices under both Protestant and Catholic control of the duchyremained relatively constant. This demand enabled the Hofkapelleto continue musical performances, despite the enormous constraintsthe war placed on court expenditure. Music patronage was significant in several ways. Payment forperformers and composers could be highly competitive among Germancourts, with the best musicians earning salaries often far exceedingthose of other officials. Foreign musicians were much in demandin Württemberg as elsewhere, such as English lutenist JohnPrice, who founded a group of English lutenists at the Württembergcourt in 1618 that lasted until the death of Duke Johann Friedricha decade later. While the hardship of wartime effectively endedthe payment of large salaries, forcing many top performers toleave, members of the court still called for music at church,even if they had to pay for performances themselves. A studyof music patronage during the Thirty Years War thus revealsnot only the extent to which the court sought to support thearts, but also how that support reflected the shifting fortunesof war.     

ALTERNATIVE MODELS FOR ORGANIZATION OF STATE COURT SYSTEMS*

The dominant theme in court reorganization has been to state judiciaries by consolidating trial courts and centralizing their administration in a state level office. This article suggests that the debate over the relative merits of a centralized vs. a decentralized (or fragmented) court system ignores the rich variety of organizational structures used in other fields. The potential judicial implications of three models-franchise, corporate, and federal-are examined in detail. Their underlying assumptions are compared with those of the centralization approach. The argument is made that none of the models is appropriate for all circumstances. Each approach to court organization emphasizes a particular set of objectives at the expense of another set. An effort is made to identify what each approach has to offer.     

Uxores, ancillae and dominae: women in thirteenth-century Hungary in the Register of Várad

Women’s history for Árpád-era Hungary (1000–1301) has generally been restricted to legal issues and the royal court. This study addresses these deficiencies by examining women in the Register of Várad in regard to three areas of investigation: marriage practices and the involvement of the Church, access women had to property and the access women had to authority. Evidence from the register indicates that by the thirteenth century, ecclesiastical ideas regarding marriage were barely making themselves felt. Ideas of consent and even the indissolubility of marriage were at times unimportant. Though priests were occasionally present at marriages, their role was not decisive. Women had three primary means of obtaining property. They could receive gifts or dower on the event of their wedding, and they could receive a portion of the patrimony. This inheritance was termed the quarta filialis as it amounted to no more than one-quarter of the father’s property. These gifts came under the control of the woman’s husband, and she could not access them until his death. Widowhood combined with guardianship of a minor son could allow women to exert considerable power and, just as elsewhere in Latin Europe, women’s access to public and private authority most approximated that of men’s as a widow. Not all women, of course, had access to such power. The Register of Várad shows numerous instances of women slaves who were under the complete control of their master.     

Identity and socio-economic mobility in Venetian Crete: the evolution of a citizen family (sixteenth century)

This study focuses on the socio-economic dynamics in Crete under Venetian rule, particularly in the sixteenth century, a critical period for the power of the Republic of Venice in the eastern Mediterranean. There is an attempt to approach these processes by examining the evolution of a Cretan family named Episcopopulo, which originated from the middle social stratum, the so-called cittadini (citizens). The essay tries, after outlining the socio-political characteristics of the intermediate social group, to illuminate aspects of the history of this family, who strove to find its way in an environment marked by fermentations and changes in the political, financial, ideological and social field. The study, among other things, examines the various professional activities of the family members and the practices they utilized to achieve a decisive improvement in their financial status. It also highlights the strategies they employed to their rise in the social hierarchy, as well as their persistent efforts, after acquiring a title of nobility, to retain and increase their wealth and to enhance their role in the public sphere.     

Sexual morality and canon law: The evidence of the Rochester consistory court

Material which survives from the Rochester consistory court during the middle years of the fourteenth century makes it possible to examine the manner in which canon legal theory on offences against sexual morality was implemented in practice. The officials at Rochester were adhering to general canon legal principles by assigning penance according to a ‘hierarchy of sin‘, and they were using the discretion allowed to them to make individual judgments in each case. The use of penances other than penitential beatings was related both to contemporary views on the suitability of different forms of penance for those in authority, and to the actual gravity of an offence. Priests' delicts were regarded more seriously than those of the laity. The court did not display any bias against women when assigning penance, and often treated men more harshly.     

Mongol inhospitality, or how to do more with less? Gift giving in William of Rubruck’s Itinerarium

This article examines the journey to the Mongol court by the Franciscan William of Rubruck and his unsuccessful attempts to negotiate his way through the Mongol hierarchy with gifts of food. Using William of Rubruck’s account of his journey, the Itinerarium, this article analyses the utility of gifts of food across different cultural contexts. Rubruck ultimately gained status among the Mongols through his ‘gift of self’, demonstrating how social standing can be negotiated through finding the appropriate cultural grammar for gift giving. Pervasive western medieval views on gift giving were not uncontested: alternate views of what constituted a gift existed within the broader thirteenth-century world.     

Political Ideas and Audiences: The Case of Arthur Bryant and the Illustrated London News, 1936–1945

Political leaders rely upon particular individuals or party organisations to reach potential constituencies, but they can only guess at the probable effect any agent has on those electors. For politicians anxious to seize and hold power, it is very good news when one of their partisans establishes and maintains a faithful following. The complexities of understanding influence, especially in the 20th century, are compounded by the difficulties of identifying the myriad interests expressed in a variety of contending forums as well as at the polls. While archives of printed, spoken, and viewed materials allow us to recover what political figures said to various audiences, it is very difficult to demonstrate that expressed ideas actually affected political thinking or political conduct. It is a further speculative leap to imagine what audiences actually heard, what they wanted to hear, and what they made of what they believed they heard. In a written or spoken or pictorial effort to transmit ideas, the intention and purpose may be stated explicitly but the contents of the ideas may still be equivocal. Different kinds of audiences and different members of the same audience will find a variety of meanings, often contradictory, in what they read, hear, or see. Arthur Bryant, a popular historian, journalist, and polemicist was remarkably successful in proclaiming the merits of a pragmatic and ideological conservatism to a multiplicity of large, loyal audiences through the end of the Second World War. This essay examines Bryant's remarkable audience in the Illustrated London News and the ways in which he engaged and retained them for nearly 50 years.     

‘Your work is of no use to us…’: Administrative interests in ethnographic research (West New Guinea, 1950–1962)

Abstract

The extent of customary land in Samoa and the laws pertaining to its protection create a presumption of state dependence on the regulation of custom in effecting state policies within local contexts. The principal means of regulating custom in Samoa has been and continues to be through state court adjudication of conflicts over customary land and chiefly titles. The transitive nature of ‘custom’ and conceptions of ‘custom’ in Samoa created an opening for court influence in the construction of custom, if not custom's partial reinvention through the agency of the courts. This occurred principally through the courts’ privileging principles of English common law in confirming asserted land rights generally considered unenforceable at the time of Samoa's political partition. The courts re‐interpreted as customary, conceptions of land rights the colonial state's influence attempted to effect within Samoan society. But the source of the changes, and the courts’ role in promoting them, tended not to be equally reflected upon. To the extent such influence is ignored in analyses of Samoan land tenure and customary law, and reproduced within state policies and court adjudication of conflict, custom's social construction is left unexamined, assumed to be more general than it is, and likely to exacerbate tensions and conflict within Samoan society rather than reduce them.     

Protecting Human Rights Through Constitutional Adjudication ‐ Jordan as a Case Study

This article aims at defining the role of constitutional courts in protecting the fundamental human rights of individuals, by relating the importance of constitutional judicial review and the established international standards related to the way it is performed. The study also provides an in‐depth analysis of the structure and working mechanism of the new constitutional court in Jordan with regard to its main functions described in the constitution of providing oversight of the constitutionality of laws and regulations in power, and interpreting provisions of the constitution. The study concludes that current statutory provisions with respect to the court proceedings and the method of undertaking its judicial work serve as safeguards that strengthen the role of the court in promoting individuals’ human rights. The study defines a vision of what is anticipated from the new constitutional court of Jordan and other courts in the field of defending human rights from the contemporary threats the world is facing, which only serve to increase fears among individuals that their basic rights are subject to serious attacks and violations.     

Judges and judging: truth and justice in northern Iberia on the eve of the millennium

This is a study of the functions of judges in courts in northern Iberia in the later ninth and tenth centuries; of their identities as individuals; and of the language of justice in the records of court proceedings. Judges ordered what was to happen next in the conduct of a case, made primary investigations, reviewed evidence and made decisions. At least 180 named individuals were involved in judging in this period, usually in panels, although more, unnamed, judges also participated in the process. The records are characterised by a rhetoric of truth and justice designed to effect closure.     

Capacity and regulations against overloading of commercial ships in Byzantine and Islamic maritime practices

The article deals with the methods employed in the Byzantine and Islamic worlds during the seventh to early eleventh centuries to compute the ship capacity at a time when a uniform system did not exist in the Mediterranean world. It describes the responsibility of central and provincial authorities for inspection, construction, and registration of mercantile ships, sheds light on the arrangement of loading, and provides legal solutions to two fundamental questions: How did judicial authorities handle cases of overloading of ships when they were brought to court? Or, what did they advise the contracting parties to do when overloading was discernible while the ship was still berthed or underway?