By Yavuz Aykan This is the first essay in a series of four essays on "Why the Ottoman fiqh? Reading Ḥanafī jurisprudence in its historical longue durée." In my essay series, I will … Continue reading Introduction: On the Authority of the Qāḍī’s Judgment
Two points remain to be made at the end of this series, arising from a reaction to, and an interaction of relevance to, the previous blog posts. First, an excellent graduate … Continue reading Commentary :: Let’s Lose Lawyers – Afterthoughts
A minimally professionalized lawyer-advocate is less of an independent agent with interests diverging from those of their appointers. This, in a nutshell, is the image I depicted in three previous … Continue reading Commentary :: Let’s Lose Lawyers (4-4)
In both Roman and Islamic law, legal representation is not limited to court appearances on behalf of a principal. It is more or less the default in everyday life that … Continue reading Commentary :: Let’s Lose Lawyers (3-4)
At the end of the last post we met the negotiorum gestor, an administrator of the business of another, even without any mandate from the principal. The argument for this … Continue reading Commentary :: Let’s Lose Lawyers (2-4)
INTRODUCTION TO A SERIES OF FOUR POSTS In this series, I aim to play with a few ideas. First, I will imagine a society without heavily professionalized sophists who can … Continue reading Commentary :: Let’s Lose Lawyers (1-4)
