Professional Lawyer List
A viewset for viewing and editing Professional Lawyers.
GET /api/sc/professional-lawyers/?format=api&page=2
{ "count": 414, "next": "https://seshat-db.com/api/sc/professional-lawyers/?format=api&page=3", "previous": "https://seshat-db.com/api/sc/professional-lawyers/?format=api", "results": [ { "id": 51, "polity": { "id": 460, "name": "fr_bourbon_k_1", "long_name": "French Kingdom - Early Bourbon", "start_year": 1589, "end_year": 1660 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": null, "description": " Magistrates, advocates. §REF§(Ladurie 1991, 73)§REF§<br>" }, { "id": 52, "polity": { "id": 461, "name": "fr_bourbon_k_2", "long_name": "French Kingdom - Late Bourbon", "start_year": 1660, "end_year": 1815 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": null, "description": " See reference §REF§(Ladurie 1991)§REF§" }, { "id": 53, "polity": { "id": 457, "name": "fr_capetian_k_1", "long_name": "Proto-French Kingdom", "start_year": 987, "end_year": 1150 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": "\"During the Lombard and Carolingian periods, only the profession of notary survived in Italy, in the courts of bishops or counts. Along with the rediscovery of Roman law and the rise of canon law, the figure of the lawyer reappeared during the 12th-13th centuries, when, too, the profession of notary spread from Italy as it obtained from the pope, emperor or princes the privilege of certifying writs as authentic.\"§REF§Jean-Louis Halpérin. Panorama historique des métiers du droit en France et à l’étranger. Annales des Mines - Enjeux Numériques, 2018, Les métiers du droit au défi du numérique, 3. halshs-03282138. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/items/VMZMGQK2/library§REF§" }, { "id": 54, "polity": { "id": 309, "name": "fr_carolingian_emp_1", "long_name": "Carolingian Empire I", "start_year": 752, "end_year": 840 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": "\"During the Lombard and Carolingian periods, only the profession of notary survived in Italy, in the courts of bishops or counts. Along with the rediscovery of Roman law and the rise of canon law, the figure of the lawyer reappeared during the 12th-13th centuries, when, too, the profession of notary spread from Italy as it obtained from the pope, emperor or princes the privilege of certifying writs as authentic.\"§REF§Jean-Louis Halpérin. Panorama historique des métiers du droit en France et à l’étranger. Annales des Mines - Enjeux Numériques, 2018, Les métiers du droit au défi du numérique, 3. halshs-03282138. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/items/VMZMGQK2/library§REF§" }, { "id": 55, "polity": { "id": 449, "name": "fr_hallstatt_a_b1", "long_name": "Hallstatt A-B1", "start_year": -1000, "end_year": -900 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": null }, { "id": 56, "polity": { "id": 450, "name": "fr_hallstatt_b2_3", "long_name": "Hallstatt B2-3", "start_year": -900, "end_year": -700 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": null }, { "id": 57, "polity": { "id": 451, "name": "fr_hallstatt_c", "long_name": "Hallstatt C", "start_year": -700, "end_year": -600 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": null }, { "id": 58, "polity": { "id": 452, "name": "fr_hallstatt_d", "long_name": "Hallstatt D", "start_year": -600, "end_year": -475 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": null }, { "id": 59, "polity": { "id": 453, "name": "fr_la_tene_a_b1", "long_name": "La Tene A-B1", "start_year": -475, "end_year": -325 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": null }, { "id": 60, "polity": { "id": 454, "name": "fr_la_tene_b2_c1", "long_name": "La Tene B2-C1", "start_year": -325, "end_year": -175 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": null }, { "id": 61, "polity": { "id": 455, "name": "fr_la_tene_c2_d", "long_name": "La Tene C2-D", "start_year": -175, "end_year": -27 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": null }, { "id": 62, "polity": null, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": null, "description": null }, { "id": 63, "polity": { "id": 113, "name": "gh_akan", "long_name": "Akan - Pre-Ashanti", "start_year": 1501, "end_year": 1701 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": " Plaintiffs presented their case themselves and took oaths rather than being aided by an advocate: 'As far back as 1600 the practice has been that, in ordinary cases, every man tells his tale by turns without interruption before the judge, who decides after hearing both sides. On the conclusion of the complainant's or plaintiff's statement, the linguist, turning to the defendant, says to him, “Wu nsem pa,” that is, “Such is your good report”-an ironical expression, meaning, “That is what you call good conduct; pray, what have you to say?” for every man is presumed innocent and expected to conduct himself properly, so that a report of his doings may deserve praise, not censure. The defendant having made his defence, questions are put to the parties, who are now allowed, if they so desire, to question each other. By such means the facts or points in issue are made clear. The endeavour is [Page 37] to discover a person admitted by the persons to be present, and who is put forth by them as worthy of credit. After this each party calls his witnesses. When a witness, through sickness or other good reason, is unable to be present, a linguist is sent with the parties or their representatives to him for his statement, and this is repeated to the court. After the parties have made their statements, questions may be put to them by the president and councillors. What a party does not deny he is taken to affirm, especially when this is specially brought to his notice by any member of the court and it is not met. A party may or may not call his witnesses, but if the right is waived, it is no ground for a rehearing. When an accused person demands leave to swear the big oath, or appeal to the gods-‘misire ntam, misire abusum”-libation is quickly made by him and the linguist. The form repeated by the accused is somewhat thus: “As soon as I in my defence speak falsely or act deceitfully, kill me, my god.” The linguist follows him at once thus: “Should you say what is untrue, or practise the slightest deception in your defence, may the god (Katawiré, or other god named) strike you dead.” Sometimes, however, the linguist simply says, “If you speak falsely, may this oath kill you” (“nsiw nk[unknown] wu,” hence “enchiou-keu ou,” in ancient books of travel, erroneously called the oath administered at every trial in Gold Coast). One may correct the present mistake, which confuses the gods ( abusum) with charms ( esuman). Busum is a god visible or invisible. Suman is a charm, an object which can be handled, generally a dangerous or poisonous concoction. Suman is properly called fetish, a word which comes from what the Portuguese explorers used to designate the objects they supposed the Africans worshipped, and in which they were shrewd enough to recognize a certain similarity to their own little images and relics of saints, namely, Feitiço. In criminal cases man and wife may give evidence either for or against each other, so long as they take the oath or fetish to testify [Page 38] truthfully. The evidence, however, of a woman against her husband is viewed with great disfavour. In civil cases objection is usually taken, and therefore it is not accepted, unless no other evidence is available. The statement of a man's mother, brothers, or sisters is not received as evidence, but as a part of his own statement, because of the identity of interest and their joint liability for costs of the suit.' §REF§Sarbah, John Mensah 1968. “Fanti National Constitution: A Short Treatise On The Constitution And Government Of The Fanti, Asanti, And Other Akan Tribes Of West Africa Together With A Brief Account Of The Discovery Of The Gold Coast By Portuguese Navigators, A Short Narration Of Early English Voyages, And A Study Of The Rise Of British Gold Coast Jurisdiction, Etc., Etc.”, 36p§REF§" }, { "id": 64, "polity": { "id": 114, "name": "gh_ashanti_emp", "long_name": "Ashanti Empire", "start_year": 1701, "end_year": 1895 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": " Professional lawyers of native and British origin were only employed at the courts of the British colonial settlements: 'The result of these changes was to increase the importance of English common law in the colony English rules of evidence and methods of procedure were followed, and the chief justice was empowered to admit barristers and solicitors to appear in court. The \"country advocates,\" members of the Western-educated elite who lacked formal legal training but had represented clients in court cases and had existed in an uneasy relationship with judges prior to 1876, had their status regularized. How-ever, they were soon to be replaced by lawyers who had been trained in Great Britain. In theory the Supreme Court Ordinance gave preference to customary law unless it was specifically excluded by a contract. Never-theless, it seemed initially as if the changes privileged English common law since many of the British judges knew little about customary law, but over time there did develop a body of \"case law based on native law.\"' §REF§Gocking, Roger S. 2005. “The History of Ghana”, 38§REF§" }, { "id": 65, "polity": { "id": 67, "name": "gr_crete_archaic", "long_name": "Archaic Crete", "start_year": -710, "end_year": -500 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": null }, { "id": 66, "polity": { "id": 68, "name": "gr_crete_classical", "long_name": "Classical Crete", "start_year": -500, "end_year": -323 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": "<i>Crete owes much of its fame in Classical Greece to its internal organization and its cultivation of the laws. This prestige is partly due to mythological traditions and Minoan memories and survivals. The laws that, according to legend, Minos received every nine years, and the figure of Rhadamanthys the just judge, bear witness to a dim recollection of an earlier rule of law. From as early as the 7th century BCE, Crete had engaged in important legislative innovations, some of which can be reconstructed from the later laws of Gortyn. The famous legal inscription of Gortyn is not an isolated example. Fragments of laws dating from the 7th to the mid-5th century survive in many cities. The reasons for this legislative activity - an activity that includes both the recording of older laws and the introduction of new ones - were the major problems concerning land ownership, inheritance, small landowners' dependence on creditors as a result of the gradual spread of a monetary economy, and the presence of individuals who lacked political rights but engaged in important financial activities as traders, craftsmen and freelance workers. There was very little interest in reform of the existing regime: the handful of laws on civic issues were intended to limit the arbitrary actions and immunity of the </i>Kosmoi<i>.</i>" }, { "id": 67, "polity": { "id": 65, "name": "gr_crete_post_palace_2", "long_name": "Final Postpalatial Crete", "start_year": -1200, "end_year": -1000 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": null }, { "id": 68, "polity": { "id": 66, "name": "gr_crete_geometric", "long_name": "Geometric Crete", "start_year": -1000, "end_year": -710 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": null }, { "id": 69, "polity": { "id": 69, "name": "gr_crete_hellenistic", "long_name": "Hellenistic Crete", "start_year": -323, "end_year": -69 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": null }, { "id": 70, "polity": { "id": 63, "name": "gr_crete_mono_palace", "long_name": "Monopalatial Crete", "start_year": -1450, "end_year": -1300 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": null }, { "id": 71, "polity": { "id": 59, "name": "gr_crete_nl", "long_name": "Neolithic Crete", "start_year": -7000, "end_year": -3000 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": null }, { "id": 72, "polity": { "id": 62, "name": "gr_crete_new_palace", "long_name": "New Palace Crete", "start_year": -1700, "end_year": -1450 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": null }, { "id": 73, "polity": { "id": 61, "name": "gr_crete_old_palace", "long_name": "Old Palace Crete", "start_year": -1900, "end_year": -1700 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": null }, { "id": 74, "polity": { "id": 64, "name": "gr_crete_post_palace_1", "long_name": "Postpalatial Crete", "start_year": -1300, "end_year": -1200 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": null }, { "id": 75, "polity": { "id": 60, "name": "gr_crete_pre_palace", "long_name": "Prepalatial Crete", "start_year": -3000, "end_year": -1900 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": null }, { "id": 76, "polity": { "id": 17, "name": "us_hawaii_1", "long_name": "Hawaii I", "start_year": 1000, "end_year": 1200 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": " inferred from discussion in sources of development/introduction in later periods" }, { "id": 77, "polity": { "id": 18, "name": "us_hawaii_2", "long_name": "Hawaii II", "start_year": 1200, "end_year": 1580 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": null }, { "id": 78, "polity": { "id": 19, "name": "us_hawaii_3", "long_name": "Hawaii III", "start_year": 1580, "end_year": 1778 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": " inferred from discussion of sources of development/introduction in later periods" }, { "id": 79, "polity": { "id": 153, "name": "id_iban_1", "long_name": "Iban - Pre-Brooke", "start_year": 1650, "end_year": 1841 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": " Professional lawyers were not present in Iban communities and trials: 'However, if a case cannot be settled informally, the tuai rumah will then call a bechara . A time is set and the two parties are notified, witnesses and members of every family in the community are informed, and, if necessary, messengers are dispatched to call people back from their farms. On the appointed evening, after the last meal of the day has been finished, the tuai rumah spreads mats on his section of the gallery ( ruai ). As people gather, the principal disputants are called forward and made to sit facing each other before the tuai rumah and senior family heads. The tuai rumah then calls upon the disputants to present their accounts, beginning first with the plaintiff. After each party has spoken, the testimony of witnesses ( saksi ) is given and discussion is open to questions. Finally, after each side has stated its case, the hearing is opened to a general discussion which continues until the tuai rumah is satisfied that the issues involved in the dispute are clear and that each party has had an opportunity to air its case fully. He will then call upon several of the elders present to express their opinions. In stating their views, the elders, who are recognized for their knowledge of adat , are expected to cite precedent and draw parallels with previous judgments made in similar cases by former headmen and regional leaders.' §REF§Sandin, Benedict, and Clifford Sather 1980. “Iban Adat And Augury”, 6§REF§" }, { "id": 80, "polity": { "id": 154, "name": "id_iban_2", "long_name": "Iban - Brooke Raj and Colonial", "start_year": 1841, "end_year": 1987 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": " Professional lawyers are not involved in village disputes: 'However, if a case cannot be settled informally, the tuai rumah will then call a bechara . A time is set and the two parties are notified, witnesses and members of every family in the community are informed, and, if necessary, messengers are dispatched to call people back from their farms. On the appointed evening, after the last meal of the day has been finished, the tuai rumah spreads mats on his section of the gallery ( ruai ). As people gather, the principal disputants are called forward and made to sit facing each other before the tuai rumah and senior family heads. The tuai rumah then calls upon the disputants to present their accounts, beginning first with the plaintiff. After each party has spoken, the testimony of witnesses ( saksi ) is given and discussion is open to questions. Finally, after each side has stated its case, the hearing is opened to a general discussion which continues until the tuai rumah is satisfied that the issues involved in the dispute are clear and that each party has had an opportunity to air its case fully. He will then call upon several of the elders present to express their opinions. In stating their views, the elders, who are recognized for their knowledge of adat , are expected to cite precedent and draw parallels with previous judgments made in similar cases by former headmen and regional leaders.' §REF§Sandin, Benedict, and Clifford Sather 1980. “Iban Adat And Augury”, 6§REF§ But the Brooke administration established colonial courts on district/polity level: 'By 1900, Brooke control of Sarawak was fairly well established. The government was gradually extending its efforts into such fields as agricultural research. As it established a system of courts and law, effort was made, whenever possible, to codify and preserve local customary law ( adat ). From this time on, the mainstream of Iban migration was much less violent, despite cultural ideals, and as we will see, much slower. However, government regulations notwithstanding, the migrations did not cease.' §REF§Austin, Robert Frederi. 1978. “Iban Migration: Patterns Of Mobility And Employment In The 20Th Century”, 16§REF§ Iban communities occasionally made use of the colonial system of courts seeking verdicts in translocal matters: 'The Chinese-Iban relationship was not entirely harmonious. The Chinese sometimes cheated their customers by using rigged scales to weigh jungle produce, but the Ibans retaliated by mixing earth and other trash into the gutta, and later they learned to practice similar tricks with cultivated rubber as well. The early outstation Chinese were often rough and roistering, the Ibans were hot tempered, and communal quarrels inevitably occurred. Ibans sometimes protested in the Simanggang court when rowdy shopkeepers pinched the exposed bosoms of their women. After one such incident the magistrate observed, “More than one complaint has been made by Dayaks of Chinamen behaving thus, and it is disgraceful that a woman cannot walk in the bazaar without being assaulted in an indecent manner by Chinamen.”' §REF§Pringle, Robert Maxwell 1968. “Ibans Of Sarawak Under Brooke Rule, 1841-1941”, 490§REF§ It seems unlikely that Iban plaintiffs had access to professional lawyers in those cases." }, { "id": 81, "polity": { "id": 50, "name": "id_majapahit_k", "long_name": "Majapahit Kingdom", "start_year": 1292, "end_year": 1518 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": null, "description": " There was a court-based executive council of legal specialists (upapatti).\" §REF§(Hall 2000, 58)§REF§" }, { "id": 82, "polity": { "id": 51, "name": "id_mataram_k", "long_name": "Mataram Sultanate", "start_year": 1568, "end_year": 1755 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": null, "description": " The royal court had public prosecutors, and the regional administration imitated this by employing their own in the eighteenth century.§REF§(Moertono 2009)§REF§" }, { "id": 83, "polity": { "id": 103, "name": "il_canaan", "long_name": "Canaan", "start_year": -2000, "end_year": -1175 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": null }, { "id": 84, "polity": { "id": 105, "name": "il_yisrael", "long_name": "Yisrael", "start_year": -1030, "end_year": -722 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": null }, { "id": 85, "polity": { "id": 86, "name": "in_deccan_ia", "long_name": "Deccan - Iron Age", "start_year": -1200, "end_year": -300 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": null }, { "id": 86, "polity": { "id": 85, "name": "in_deccan_nl", "long_name": "Deccan - Neolithic", "start_year": -2700, "end_year": -1200 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": null }, { "id": 87, "polity": { "id": 111, "name": "in_achik_1", "long_name": "Early A'chik", "start_year": 1775, "end_year": 1867 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": null }, { "id": 88, "polity": { "id": 112, "name": "in_achik_2", "long_name": "Late A'chik", "start_year": 1867, "end_year": 1956 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": " There are no professional lawyers in village-level disputes, given their relatively informal character (see above). Cases were formerly settled by ordeal: ‘Since the annexation of the Garo Hills by the British Government, a body of men called laskars has been formed, who act as a kind of rural police and also as honorary magistrates. They are empowered to deal with all minor matters and settle unimportant disputes. They do this by calling together meetings of villagers, in which they sit as presidents and give final decisions. Their powers do not exceed those of inflicting fines and awarding compensation to injured parties. This is but an adaptation of the ancient usages of the people, for in former times, the village met in conference to decide any matter in dispute between its members. When in these meetings evidence could not be adduced, recourse was, and is yet had to trial by ordeal. This is of two kinds, the [...] ordeal of hot iron, and the [...] ordeal of boiling water.’ §REF§Playfair, Alan 1909. “Garos”, 74§REF§ ‘Before the advent of the British, Garos settled all the criminal offences through killing. It was the only way of resolving any dispute of criminal nature. The Britishers could not stop this practice of killing of each other for any slightest dispute. It took a long time and ultimately with the demonstration of gun and bullet, they could succeed to put a stop to it after the Garo Hills became a district in 1869. The laskar was appointed to look into the disputes of both civil and criminal nature in the village. If it is of purely criminal nature, the matter is reported to the Deputy Commissioner at Tura and disposed there. The cases which are not serious are settled by the village Nokma and Laskar with fines upto the amount not exceeding Rs. 50 for injury to property, injury to persons not endangering life or limb, house trespass, affronts of whatever kind; gambling and drunken or disorderly brawling (Milton Sangma, 1981, p. 187).’ §REF§Marak, Kumie R. 1997. “Traditions And Modernity In Matrilineal Tribal Society”, 147§REF§ Serious cases are handled by district-level courts: ‘The cases which are brought to the courts are serious and quite entangled ones, otherwise these could be decided amicably at the mahari or chra level in the village. When one does have a dispute involving an alien village, one does not get any support from any member of that village since they do not belong to the same clan. The village authority decides the case and gives judgement according to the customary law.’ §REF§Marak, Kumie R. 1997. “Traditions And Modernity In Matrilineal Tribal Society”, 164§REF§ Legal practicioners may appear before those higher courts: ‘The judicial officers (who preside over those courts) are appointed by, or with the approval of the Governor. The rules as to administration of justice do not contain specific provisions as to their tenure and salary, or as to their full time or part time character. But most of these matters will be regulated as rules or orders issued under Rule 15 of the Assam Autonomous Districts (Constitution of District Councils) Rules, 1951. It may be of interest to note that there is a specific prohibition against a member of the Executive Committee being appointed to these courts. To this extent, their independence is protected. A legal practitioner can appear before these courts. But in cases where an accused is not arrested, the legal practitioner takes the permission of the District Council Court for such appearance.’ §REF§Marak, Kumie R. 1997. “Traditions And Modernity In Matrilineal Tribal Society”, 62§REF§ It is assumed here (provisionally) that by 'legal praciticioners' advocates are meant." }, { "id": 89, "polity": { "id": 91, "name": "in_kadamba_emp", "long_name": "Kadamba Empire", "start_year": 345, "end_year": 550 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": "In the below quote, Rocher argues that professional lawyers did not exist in India for much of its history. Unhelpfully, Rocher does not provide dates or much in the way of temporal boundaries. However, the use of the word “ever” in the sentence “no written source allows us to draw the conclusion that the experts on legal matters ever developed into a professional group whose regular activities consisted in representing parties in the court” may perhaps be taken to mean that professional lawyers did not exist in India before the colonial era.\r\n\r\n“Thus, we believe that at an early date—let us roughly say at the time of the dharmasutras—professional lawyers or, to be more precise, specialized dharmasastrins could not exist. The Indian sage in those days was a specialist in all of the texts related to a particular Vedic school. His specialized knowledge concentrated on a specific version of the Vedic samhita and all its related texts: brahmana, aranyaka, upanisad, srautasutra, grhyasutra, dharmasutra, etc. There were no specialists on dharmasastra, and, a fortiori, no specialists on law that were part of it.\r\n\r\n“But the situation changed. The texts on dharma grew away from the Vedic schools. Gradually there may have come into being a specialized group of learned men whose main interest was dharma, and the various dharmasastras as such.\r\n\r\n“Finally, as the amount of textual material increased, we may assume that certain experts, without detaching themselves completely from aspects of dharmasastra and from Hindu learning generally, accumulated a very specialized knowledge of one aspect of dharma: vivada and vyavahara, or, in modern terminology, law. It is very possible that at this stage the nature of legal representation (niyoga) also underwent a certain change. We do not want to exclude the possibility that, at that moment, in a number of cases legal competence played a role in the choice of a representative. We are even willing to accept that Vyasa refers to the very special circumstance in which the representative was paid for his services. However, no written source allows us to draw the conclusion that the experts on legal matters ever developed into a professional group whose regular activities consisted in representing parties in the court. The impression which we gather from the texts is that, even in cases where the representative was chosen because of his special competence on legal matters, and, a fortiori, in all other cases, the necessary condition for a person to represent a party was the existence, between the former and the latter, of a certain form of close personal relationship.”§REF§(Rocher 1969: 399-400) Rocher, L. 1969. \"Lawyers\" in Classical Hindu Law. Law & Society Review 3 (2/3): 383-402. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/items/QKMEMIHW/library§REF§" }, { "id": 90, "polity": { "id": 384, "name": "in_mahajanapada", "long_name": "Mahajanapada era", "start_year": -600, "end_year": -324 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": "In the below quote, Rocher argues that professional lawyers did not exist in India for much of its history. Unhelpfully, Rocher does not provide dates or much in the way of temporal boundaries. However, the use of the word “ever” in the sentence “no written source allows us to draw the conclusion that the experts on legal matters ever developed into a professional group whose regular activities consisted in representing parties in the court” may perhaps be taken to mean that professional lawyers did not exist in India before the colonial era.\r\n\r\n“Thus, we believe that at an early date—let us roughly say at the time of the dharmasutras—professional lawyers or, to be more precise, specialized dharmasastrins could not exist. The Indian sage in those days was a specialist in all of the texts related to a particular Vedic school. His specialized knowledge concentrated on a specific version of the Vedic samhita and all its related texts: brahmana, aranyaka, upanisad, srautasutra, grhyasutra, dharmasutra, etc. There were no specialists on dharmasastra, and, a fortiori, no specialists on law that were part of it.\r\n\r\n“But the situation changed. The texts on dharma grew away from the Vedic schools. Gradually there may have come into being a specialized group of learned men whose main interest was dharma, and the various dharmasastras as such.\r\n\r\n“Finally, as the amount of textual material increased, we may assume that certain experts, without detaching themselves completely from aspects of dharmasastra and from Hindu learning generally, accumulated a very specialized knowledge of one aspect of dharma: vivada and vyavahara, or, in modern terminology, law. It is very possible that at this stage the nature of legal representation (niyoga) also underwent a certain change. We do not want to exclude the possibility that, at that moment, in a number of cases legal competence played a role in the choice of a representative. We are even willing to accept that Vyasa refers to the very special circumstance in which the representative was paid for his services. However, no written source allows us to draw the conclusion that the experts on legal matters ever developed into a professional group whose regular activities consisted in representing parties in the court. The impression which we gather from the texts is that, even in cases where the representative was chosen because of his special competence on legal matters, and, a fortiori, in all other cases, the necessary condition for a person to represent a party was the existence, between the former and the latter, of a certain form of close personal relationship.”§REF§(Rocher 1969: 399-400) Rocher, L. 1969. \"Lawyers\" in Classical Hindu Law. Law & Society Review 3 (2/3): 383-402. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/items/QKMEMIHW/library§REF§" }, { "id": 91, "polity": { "id": 98, "name": "in_mughal_emp", "long_name": "Mughal Empire", "start_year": 1526, "end_year": 1858 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": null, "description": " \"These men, who sometimes acted as lawyers, were known as wakils, but the term did not have the precise legal definition that it acquired during the British period. H. H. Wilson defined a wakil as, \"A person invested with authority to act for another, an ambassador, a representative, an agent, an attorney.\" It is in this very general sense that the word was current in pre-British times; only on rare occasions do we find the term wakil used to describe someone who pleaded a case in a court of law.<br>\"A wakil was, then, a representative, although not necessarily a legal representative. In general, his job was to negotiate with equals or superiors of his employer, in order to obtain a desired goal, such as trading privileges, a reduction of the revenue demand, a military alliance, or a favorable decision in a civil or criminal court of law. In many cases a wakil was also a gatherer of information. Thus, most important nobles, landholders, and foreign trading companies employed wakils whose job was to attend the court of the governor of the province in which they were situated (or perhaps even the emperor's court) in order to collect information that might be useful, as well as to represent the interests of their employers when disputes between nobles arose, or when a favor from the governor was needed. [...] Most of the wakils described in historical accounts, then, were specialists in the arts of bargaining, negotiation, and pleading cases; but usually they did not work in law courts, and often they were not even concerned with legal matters. However, there were some wakils who were courtroom lawyers, although not as many as there were in contemporary Europe.\" §REF§(Calkins 1968, pp. 404-405)§REF§" }, { "id": 92, "polity": { "id": 89, "name": "in_satavahana_emp", "long_name": "Satavahana Empire", "start_year": -100, "end_year": 200 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": "In the below quote, Rocher argues that professional lawyers did not exist in India for much of its history. Unhelpfully, Rocher does not provide dates or much in the way of temporal boundaries. However, the use of the word “ever” in the sentence “no written source allows us to draw the conclusion that the experts on legal matters ever developed into a professional group whose regular activities consisted in representing parties in the court” may perhaps be taken to mean that professional lawyers did not exist in India before the colonial era.\r\n\r\n“Thus, we believe that at an early date—let us roughly say at the time of the dharmasutras—professional lawyers or, to be more precise, specialized dharmasastrins could not exist. The Indian sage in those days was a specialist in all of the texts related to a particular Vedic school. His specialized knowledge concentrated on a specific version of the Vedic samhita and all its related texts: brahmana, aranyaka, upanisad, srautasutra, grhyasutra, dharmasutra, etc. There were no specialists on dharmasastra, and, a fortiori, no specialists on law that were part of it.\r\n\r\n“But the situation changed. The texts on dharma grew away from the Vedic schools. Gradually there may have come into being a specialized group of learned men whose main interest was dharma, and the various dharmasastras as such.\r\n\r\n“Finally, as the amount of textual material increased, we may assume that certain experts, without detaching themselves completely from aspects of dharmasastra and from Hindu learning generally, accumulated a very specialized knowledge of one aspect of dharma: vivada and vyavahara, or, in modern terminology, law. It is very possible that at this stage the nature of legal representation (niyoga) also underwent a certain change. We do not want to exclude the possibility that, at that moment, in a number of cases legal competence played a role in the choice of a representative. We are even willing to accept that Vyasa refers to the very special circumstance in which the representative was paid for his services. However, no written source allows us to draw the conclusion that the experts on legal matters ever developed into a professional group whose regular activities consisted in representing parties in the court. The impression which we gather from the texts is that, even in cases where the representative was chosen because of his special competence on legal matters, and, a fortiori, in all other cases, the necessary condition for a person to represent a party was the existence, between the former and the latter, of a certain form of close personal relationship.”§REF§(Rocher 1969: 399-400) Rocher, L. 1969. \"Lawyers\" in Classical Hindu Law. Law & Society Review 3 (2/3): 383-402. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/items/QKMEMIHW/library§REF§" }, { "id": 93, "polity": { "id": 90, "name": "in_vakataka_k", "long_name": "Vakataka Kingdom", "start_year": 255, "end_year": 550 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": " \"The class of professional pleasders had not yet come into existence; the jurors were expected to analyse the case, ascertain the points favourable for either party and weigh them impartially for coming to a proper decision. Brahmana Durdhara, who proceeds to plead the cause of the defendant against his creditors in the famous case from Pataliputra described by Asahaya in his commentary on Narada-Smriti, IV, 5, no doubt plays the role of the pleader; but he is rebuked by the judge for advocating the cause of a third party in return for a fee. So even in the 8th century the pleader class had not acquired a respectable status.\"§REF§(Majumdar and Altekar 1986, 278-279) Anant Sadashiv Altekar. The Administrative Organisation. Ramesh Chandra Majumdar. Anant Sadashiv Altekar. 1986. Vakataka - Gupta Age Circa 200-550 A.D. Motilal Banarsidass. Delhi.§REF§" }, { "id": 94, "polity": { "id": 97, "name": "in_vijayanagara_emp", "long_name": "Vijayanagara Empire", "start_year": 1336, "end_year": 1646 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": "In the below quote, Rocher argues that professional lawyers did not exist in India for much of its history. Unhelpfully, Rocher does not provide dates or much in the way of temporal boundaries. However, the use of the word “ever” in the sentence “no written source allows us to draw the conclusion that the experts on legal matters ever developed into a professional group whose regular activities consisted in representing parties in the court” may perhaps be taken to mean that professional lawyers did not exist in India before the colonial era.\r\n\r\n“Thus, we believe that at an early date—let us roughly say at the time of the dharmasutras—professional lawyers or, to be more precise, specialized dharmasastrins could not exist. The Indian sage in those days was a specialist in all of the texts related to a particular Vedic school. His specialized knowledge concentrated on a specific version of the Vedic samhita and all its related texts: brahmana, aranyaka, upanisad, srautasutra, grhyasutra, dharmasutra, etc. There were no specialists on dharmasastra, and, a fortiori, no specialists on law that were part of it.\r\n\r\n“But the situation changed. The texts on dharma grew away from the Vedic schools. Gradually there may have come into being a specialized group of learned men whose main interest was dharma, and the various dharmasastras as such.\r\n\r\n“Finally, as the amount of textual material increased, we may assume that certain experts, without detaching themselves completely from aspects of dharmasastra and from Hindu learning generally, accumulated a very specialized knowledge of one aspect of dharma: vivada and vyavahara, or, in modern terminology, law. It is very possible that at this stage the nature of legal representation (niyoga) also underwent a certain change. We do not want to exclude the possibility that, at that moment, in a number of cases legal competence played a role in the choice of a representative. We are even willing to accept that Vyasa refers to the very special circumstance in which the representative was paid for his services. However, no written source allows us to draw the conclusion that the experts on legal matters ever developed into a professional group whose regular activities consisted in representing parties in the court. The impression which we gather from the texts is that, even in cases where the representative was chosen because of his special competence on legal matters, and, a fortiori, in all other cases, the necessary condition for a person to represent a party was the existence, between the former and the latter, of a certain form of close personal relationship.”§REF§(Rocher 1969: 399-400) Rocher, L. 1969. \"Lawyers\" in Classical Hindu Law. Law & Society Review 3 (2/3): 383-402. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/items/QKMEMIHW/library§REF§\r\n\r\nspecial judicial officers for the administration of justice§REF§R.C. Majumdar, H.C. Raychaudhuri, Kalikinkar Datta, An Advanced History of India (1974), p. 376§REF§" }, { "id": 95, "polity": { "id": 132, "name": "iq_abbasid_cal_1", "long_name": "Abbasid Caliphate I", "start_year": 750, "end_year": 946 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": "“In order to deal with the essential conditions that Claude Cahen and Gabriel Baer laid down so well in their articles, I would like to take as an example of an Islamic guild the Islamic legal professions, called madhhabs, and their institutional organization of legal education, as of the second half of the ninth century. The first steps toward the pro- fessionalization of legal studies were taken after the Inquisition, Mihna, which ended at the midpoint ofthe ninth century. The Inquisition was the culmination of an on-going struggle between two movements: one, of phil- osophical theology, the other, of juridical theology. It was fought over a theological question: whether the Koran was the created or uncreated word of God? We need retain here only that the philosophically-oriented movement entered the Inquisition supported by the central power; which power fifteen years later, made an about-face and came out in support of the juridically-oriented movement. To put it in simple terms: law won out over philosophical speculation. In the century following the Inquisition, the available sources make possible the recognition of the first colleges where law was taught. In the eleventh century, legal professions reached the height of their development with yet a new set of colleges, and a clear-cut structure of scholastic personnel, with various grades and functions.”§REF§(Makdisi 1985) Makdisi, G. 1985. The Guilds of Law in Medieval Legal History: An Inquiry into the Origins of the Inns of Court. 34 Clev. St. L. Rev. 3: 3-16. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/items/U4CNJ8Q5/library§REF§\r\n\r\n\r\n\"In legal matters, Patricia Crone points out, \"there is no trace of the Prophetic tradition until about 770\" and it was the lawyers in particular who created the stories about Mohammed simply to back up their own arguments in law. \"Numerous Prophetic traditions can be shown to have originated as statements made by the lawyers themselves ... it was the lawyers who determined what the Prophet said, not the other way around.\" Bukhari is said to have accumulated as many as 600,000 traditions, of which he only accepted as authentic 7,000, or just over one per cent!\" §REF§(Pickard 2013, 432) Pickard, J. 2013. Behind the Myths: The Foundations of Judaism, Christianity and Islam. AuthorHouse.§REF§ -- these are religious scholars not lawyers as this variable codes? lawyers do \"red tape\", defend, prosecute, submit claims etc." }, { "id": 96, "polity": { "id": 484, "name": "iq_abbasid_cal_2", "long_name": "Abbasid Caliphate II", "start_year": 1191, "end_year": 1258 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": null, "description": " \"ulama (scholars), both in Baghdad and the outlying provinces.\"§REF§(Hanne 2007, 22) Hanne, Eric J. 2007. Putting the Caliph in His Place: Power, Authority, and the Late Abbasid Caliphate. Fairleigh Dickinson Univ Press.§REF§\"The Qur'an and all the sciences related in one way or another to the study of this sacred book of Islam found a place in the teaching carried on in the cathedral mosques : traditions (hadīth), exegesis (tafsīr), law and legal theory (fiqh, usūl al-fiqh), grammar (nahw), adab (literature). There, also, professors gave legal opinions (fatwā) and sermons (wa'z), and held disputations on matters of law (munāzara)...On the other hand, a class on law was smaller. For law was a more specialized religious science attracting principally those who were preparing for a professional career\" §REF§(Makdisi, G., 1961. Muslim institutions of learning in eleventh-century Baghdad. Bulletin of the School of Oriental and African Studies, 24(1), pp.1-56. <a class=\"external free\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/3D6X5HUM/item-list\" rel=\"nofollow\">https://www.zotero.org/groups/1051264/seshat_databank/items/3D6X5HUM/item-list</a>)§REF§<br>Ibn al-Sa'i mentions female benefactors who built law schools.§REF§(Bray 2015, xiv) Toorawa, Shawkat M ed. 2015. Consorts of the Caliphs: Women and the Court of Baghdad. NYU Press.§REF§" }, { "id": 97, "polity": { "id": 476, "name": "iq_akkad_emp", "long_name": "Akkadian Empire", "start_year": -2270, "end_year": -2083 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": null, "description": "\"The court procedure entailed appearing before a judge or judges, who may have been paid for hearing the case, and hiring a bailiff, whose task it was to schedule the trial and assemble the parties and witnesses at the right time and place, for which he too received a fee. A scribe was needed to draw up a summary of the case and finding. No doubt he received a fee as well.\"§REF§(Foster 2016, 39) Foster, Benjamin R. 2016. The Age of Agade. Inventing Empire In Ancient Mesopotamia. Routledge. London.§REF§" }, { "id": 98, "polity": { "id": 342, "name": "iq_babylonia_2", "long_name": "Kassite Babylonia", "start_year": -1595, "end_year": -1150 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": " Evidence for full-time professional lawyers is not mentioned by sources." }, { "id": 99, "polity": { "id": 481, "name": "iq_bazi_dyn", "long_name": "Bazi Dynasty", "start_year": -1005, "end_year": -986 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": " Evidence for full-time professional lawyers is not mentioned by sources." }, { "id": 100, "polity": { "id": 482, "name": "iq_dynasty_e", "long_name": "Dynasty of E", "start_year": -979, "end_year": -732 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": " Evidence for full-time professional lawyers is not mentioned by sources." } ] }