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022 _a00222186
040 _aMSU
_bEnglish
_cMSU
_erda
050 _aHB73 JOU
100 1 _aKuran, Timur
_eauthor
245 _aJudicial biases in Ottoman Instabul:
_bIslamic justice and its compatibility with modern economic life
_cby Timur Kuran and Scott Lustig
264 _aChicago
_bUniversity of Chicago Press
_c2012
336 _2rdacontent
_atext
_btxt
337 _2rdamedia
_aunmediated
_bn
338 _2rdacarrier
_avolume
_bnc
440 _aJournal of law and economics
_vVolume 55, number 3
520 _aAbstract The transition to impersonal exchange and modern economic growth has depended on courts that enforce contracts efficiently. This article shows that Islamic courts of the Ottoman Empire exhibited biases that would have limited the expansion of trade in the eastern Mediterranean, particularly that between Muslims and non-Muslims. It thus explains why economic modernization in the Middle East involved the establishment of secular courts. In quantifying Ottoman judicial biases, the article discredits both the claim that these courts treated Christians and Jews fairly and the counterclaim that non-Muslims lost cases disproportionately. Biases against non-Muslims were in fact institutionalized. By the same token, non-Muslims did relatively well in adjudicated interfaith disputes, because they settled most conflicts out of court in anticipation of judicial biases. Islamic courts also appear to have favored state officials. The article undermines the Islamist claim that reinstituting Islamic law (sharia) would be economically beneficial
650 _aIslam
_xTrials
650 _aMuslims
_xLitigants
700 _aLustig,Scott
_eco author
856 _uhttps://doi.org/10.1086/665537
942 _2lcc
_cJA
999 _c164018
_d164018