Communicating Justice: Shari‘a Courts and the Christian Community in Seventeenth- and Eighteenth-Century Ottoman Greece

Joseph, Sabrina

doi:10.1080/09596410902983024

Cited by 3 publications

(1 citation statement)

References 16 publications

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“…26 Nonetheless, it is clear that Christians were intimately familiar with the workings of Islamic courts. 27 A third type of court that is often overlooked were the communal courts found in many Aegean islands and some Greek communities, especially from the seventeenth century onwards when communal councils became increasingly crucial in tax collection. 28 These courts were composed of the various local notables, often with the additional presence of the local Ottoman representative (subasi, zapit) or bishop.…”

Section: Law In Europe and The Ottoman Empire In The Eighteenth And Nmentioning

confidence: 99%

Resurrecting the Law: State Formation and Legal Debates in Nineteenth-Century Greece

Doxiadis

2018

European History Quarterly

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This paper discusses the legal debates of nineteenth-century Greece and the attempts to produce a legal framework following the establishment of the modern Greek state. These debates had both a practical significance since such a framework was essential for the creation of a modern state, and an ideological one since the chosen framework would be a statement about how the new state perceived itself, its history, and its place in Europe. These questions were particularly relevant in the case of civil law as Greek legal scholars contemplated whether to accept the use of customary law, or to reject it, and if so what laws should replace it. In this paper, I examine this debate within the context of European legal developments and the process of codification undertaken throughout Europe from the late eighteenth to the nineteenth centuries, as well as the ideological and practical implications of the debate. I argue that, despite the belief that the efforts of Greek legal scholars led to the elimination of the use of customary law from the Greek judicial system, my research in the archival material of the Appeals Court of Athens indicates that customary law was still dominant a generation after the establishment of the modern Greek state. I conclude that a re-examination of the role and practices of the Greek courts in the nineteenth century is much needed as their flexibility thirty years after the creation of the Greek state is closer to the legal pluralism of the courts of the Ottoman period than to the model advocated by the contemporary legal scholars who demanded a ‘modern’ judicial system to assist the renaissance of the Greek nation.

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Section: Law In Europe and The Ottoman Empire In The Eighteenth And Nmentioning

confidence: 99%

Resurrecting the Law: State Formation and Legal Debates in Nineteenth-Century Greece

Doxiadis

2018

European History Quarterly

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Forum shopping in the Middle East and South Asia: its impact on women and the evolution of inheritance codes

Singh

2014

The Journal of Legal Pluralism and Unofficial Law

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Early Years of British Administration in Cyprus

Bouleti

2015

J Muslims Eur

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The transition of the Ottoman Muslim community of Cyprus from the status of a religious community—and even more so the ruling community of the island—to that of a national community presents a peculiar case, since that process evolved without any direct effect by Turkish nationalism. After the Cyprus Convention in 1878, the administration of the island was all British and was organized on a strict colonial basis. Since nationalism was formed in Cyprus along communal lines, an attempt is made to trace the contribution of the colonial regime to their formation. More specifically an effort is made to present communal attempts to redefine traditional religious institutions in order to neutralize the British colonial control over them. In that context religion through its institutions assumed a secular and nationalistic scope.

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Communicating Justice: Shari‘a Courts and the Christian Community in Seventeenth- and Eighteenth-Century Ottoman Greece

Cited by 3 publications

References 16 publications

Resurrecting the Law: State Formation and Legal Debates in Nineteenth-Century Greece

Resurrecting the Law: State Formation and Legal Debates in Nineteenth-Century Greece

Forum shopping in the Middle East and South Asia: its impact on women and the evolution of inheritance codes

Early Years of British Administration in Cyprus

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