奥斯曼伊斯坦布尔的司法偏见:伊斯兰正义及其与现代经济生活的兼容性

Judicial Biases in Ottoman Istanbul: Islamic Justice and Its Compatibility with Modern Economic Life

Journal of Law & Economics · 2012
被引 41
人大 A-ABS 3

中文导读

研究奥斯曼帝国伊斯兰法院对穆斯林与非穆斯林贸易的偏见,发现偏见制度化但非穆斯林在庭外和解中表现较好,解释了中东经济现代化为何需要世俗法院。

Abstract

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.

奥斯曼帝国伊斯兰法庭司法偏见非穆斯林