Professional Lawyer List
A viewset for viewing and editing Professional Lawyers.
GET /api/sc/professional-lawyers/?format=api&page=8
{ "count": 414, "next": "https://seshat-db.com/api/sc/professional-lawyers/?format=api&page=9", "previous": "https://seshat-db.com/api/sc/professional-lawyers/?format=api&page=7", "results": [ { "id": 351, "polity": { "id": 539, "name": "ye_qatabanian_commonwealth", "long_name": "Qatabanian Commonwealth", "start_year": -450, "end_year": -111 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": "\"Almost all the inhabitants of pre-Islamic Arabia were members of a tribe, that is, a mutual aid group bound together by a notion of kinship. As one pre-Islamic poet astutely observed (‘Amr ibn Qami‘a 8), ‘a man’s tribe are his claws [with which he fends off enemies] and his props [which support him]’. Unlike a state, tribes have no specialised institutions of law and order, so a person’s life, honour and goods were protected by his relatives, who were obliged to assist him in trouble and to avenge or seek compensation for him if he was wronged. ‘When fighting comes, your kinsman alone is near; your true friend your kinsman is, who answers your call for aid with good will, when deeply drenched in bloodshed are sword and spear’ (H. am. 225).\"§REF§(Hoyland 2001, 113) Hoyland, R. 2001. Arabia and the Arabs: From the Bronze Age to the Coming of Islam. Routledge. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/search/hoylan/titleCreatorYear/items/AUHRSTGG/item-list§REF§\r\n\r\n\"So tribal law was customary law, deter- mined by ancient practice. It is therefore inherently conservative; ‘We found our fathers on a path and we follow in their footsteps’ was the reply of most Meccans to the Prophet Muhammad’s new message (Quran 43.22, 24). And it is echoed by pre-Islamic Arab poets: ‘We follow the ways of our forefathers, those who kindled wars and were faithful to the ties of kinship’ (‘Abid 20). It could only be updated either by such aforementioned paragons of tribal virtue, who won the approval of all, or by the consensus of all full members of the community meeting together.\"§REF§(Hoyland 2001, 121-122) Hoyland, R. 2001. Arabia and the Arabs: From the Bronze Age to the Coming of Islam. Routledge. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/search/hoylan/titleCreatorYear/items/AUHRSTGG/item-list§REF§\r\n\r\n\"Among the wealthier sedentary polities of Arabia there existed a more elaborate legal system with more of an institutional framework. A number of the cities of south Arabia had a council (mswd), and at each of the capital cities there was a supreme council where the king sat along with delegates from a certain number of tribal groups, representing the whole nation and issuing edicts on its behalf. Such an edict might begin as follows: ‘Thus have ordered and directed and decreed Shahr Yagill Yuhargib, the son of Hawfa‘amm, the king of the Qatabanians, and the Qatabanians, the council, having its full complement. . . . ’ (RES 3566). In this particular text it would appear that Shahr Yagill had to fight to maintain his position, for he goes on to complain that ‘some people from the council and community of landowners determined and enforced their decisions by swearing oaths between themselves in that temple in their very self-willed and loutish manner without the sanction of [me] their lord’.\"§REF§(Hoyland 2001, 124) Hoyland, R. 2001. Arabia and the Arabs: From the Bronze Age to the Coming of Islam. Routledge. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/search/hoylan/titleCreatorYear/items/AUHRSTGG/item-list§REF§" }, { "id": 352, "polity": { "id": 359, "name": "ye_ziyad_dyn", "long_name": "Yemen Ziyadid Dynasty", "start_year": 822, "end_year": 1037 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": null, "description": "The following quotes that, in the Islamic world, professional lawyers began to appear at the end of the ninth century.\r\n\r\n“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§" }, { "id": 353, "polity": { "id": 121, "name": "pk_kachi_urban_1", "long_name": "Kachi Plain - Urban Period I", "start_year": -2500, "end_year": -2100 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": "" }, { "id": 354, "polity": { "id": 443, "name": "mn_mongol_late", "long_name": "Late Mongols", "start_year": 1368, "end_year": 1690 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": "Legal code, courts and judiciary existed, but the literature consulted does not confirm the existence of lawyers. Perhaps the fact that they are not mentioned in otherwise surprisingly detailed descriptions of the Mongol legal system at the time suggests that figures we may recognise as lawyers did not exist at the time.\r\n\r\nExistence of courts: \"Organizationof the Courts: The courts were organized as state insti- tutions. Among the Western Mongols there were two courts of justice, the Khoton and the High Court. Two courts also evidently existed among the Northern Mongols, but among them the courts were more closely connected with the Khoshun and Aimak administration. Definite, although not detailed, rules of procedure existed. The number of cases in which Mongols were permitted to take the law into their own hands was considerably diminished.\"§REF§(Riasananovsky 1948: 172) Riasanovsky, V. A. 1948. Mongol Law—A Concise Historical Survey. Wash. L. Rev. & St. B.J. 166: 160-178. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/items/9JCNB66X/library§REF§\r\n\r\nExistence of judges (though unclear how professional they may have been): \"During this period the adminstration was centered in the headquarters of the appanage or Hoshun (Ulus) prince, where there were special officials concerned with the conduct of military, administrative, and judicial functions.\"\"§REF§(Riasananovsky 1948: 172) Riasanovsky, V. A. 1948. Mongol Law—A Concise Historical Survey. Wash. L. Rev. & St. B.J. 166: 160-178. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/items/9JCNB66X/library§REF§\r\n\r\n\r\nHowever, may not have existed before establishment of legal codes starting in late 16th century.\r\n\r\nLate 16th century: “Tümen Jasaghtu Khan tried to unify the country administratively and so included in his government not only Abtai, Altan and Khutughtai Sechen, but also other influential nobles from all the tümens and from the Oirat regions. He compiled a new code that was supposed to be based on Chinggis Khan’s Great Ya ̄sa ̄ or Jasaq (see Volume IV, Part One). Subsequently, Altan Khan, Abtai Khan and, most likely, several others followed his example and adopted their own laws and codes in their respective tümens. But only some of these have been preserved, whether wholly or partially. They were written in the old Mongol script, which had been borrowed from the Uighur, and adopted under Chinggis Khan as the official script of the Mongols. » §REF§(Ishjamts 2003, 214)§REF§\r\n\r\n\"Records of Law: The basic records of the law of this period were the Ancient Tsaadjin Bichik, the Mongol-Oirat Regulations of 1640, the Great Code of the Seven Khoshuns, and the Khalkha-Djirom of 1709. Of these records, the Mongot-Oirat Regulations of 1640 were the most important, being, for a time, the effective code in both Northern and Western Mongolia (Khalkha and Djungaria) After the disintegration of the alliance of the \"Forty and Four,\" this code remained effective in Djungaria until the promulgation of the Chinese Code or Regulations of 1789 and among the Rusian Kalmucks until 1917 In Northern Mongolia the Mongol-Oirat Regulations of 1640 were replaced by the Great Code of the Seven Hoshuns and later by the Khalkha-Djirom, which also retained its effectiveness until 1789. The Khalkha-Djirom also continued to function among the herdsmen Shabinars of the Urga Gegen until superseded in 1925.\"§REF§(Riasananovsky 1948: 170) Riasanovsky, V. A. 1948. Mongol Law—A Concise Historical Survey. Wash. L. Rev. & St. B.J. 166: 160-178. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/items/9JCNB66X/library§REF§" }, { "id": 355, "polity": { "id": 133, "name": "pk_sind_abbasid_fatimid", "long_name": "Sind - Abbasid-Fatimid Period", "start_year": 854, "end_year": 1193 }, "year_from": null, "year_to": null, "tag": "IFR", "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§\r\n\r\nInferred from the following quotes, which broadly refer to India under early Muslim rule.\r\n\r\nThe <i>muhtasib</i> \"was primarily a member of the judicial staff and acted as a kind of prosecutor in offences against religious law.\" §REF§Habibullah, A. B. M. (1961). The foundation of Muslim rule in India. Central Book Depot, pp 276.§REF§ \"Since the sultans were expected to enforce the law of the Shariah, they were also obliged to take the opinion of the ulema.\"§REF§(Ahmed 2011, 97) Ahmed, Farooqui Salma. 2011. A Comprehensive History of Medieval India: Twelfth to the Mid-Eighteenth Century. Pearson Education India.§REF§<br>" }, { "id": 356, "polity": { "id": 136, "name": "pk_samma_dyn", "long_name": "Sind - Samma Dynasty", "start_year": 1335, "end_year": 1521 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": null, "description": "Inferred from the following quotes, which broadly refer to India under early Muslim rule.\r\n\r\nThe <i>muhtasib</i> \"was primarily a member of the judicial staff and acted as a kind of prosecutor in offences against religious law.\" §REF§Habibullah, A. B. M. (1961). The foundation of Muslim rule in India. Central Book Depot, pp 276.§REF§ \"Since the sultans were expected to enforce the law of the Shariah, they were also obliged to take the opinion of the ulema.\"§REF§(Ahmed 2011, 97) Ahmed, Farooqui Salma. 2011. A Comprehensive History of Medieval India: Twelfth to the Mid-Eighteenth Century. Pearson Education India.§REF§<br>" }, { "id": 357, "polity": { "id": 548, "name": "it_italy_k", "long_name": "Italian Kingdom Late Antiquity", "start_year": 476, "end_year": 489 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": null, "description": "Inferred from continuity between immediately preceding and succeeding polities. Also the final paragraph of the following quote seems to suggest the existence of lawyers.\r\n\r\n\"Both in terms of ideology and organization, therefore, Theoderic sought and largely maintained the institutions and administrative procedures of the later western imperial administration as he found them. The same can be said of Rome’s laws. Several letters within the collection stress the need to preserve the rule of Roman law, demand respect for it, reflect upon its fundamental correctness, or even cite it. \r\n\r\n\"[...]\r\n\r\n\"Despite the fact that the justice system was by its nature an imperfect one, biased in favour of the wealthy and well connected, it was nevertheless a legitimate system. Where its integrity came under threat was in the actions of the judges and court officials responsible for putting otherwise abstract rules into effect. As in the later empire, the courts were administered by the central administration through provincial governors and their staff, as well as officers of the local municipalities, including the Roman defensores, duumviri, quinquennales, and the ubiquitous decurions, who had the authority to deal with civil and minor criminal matters. Also at the local level was the bishop’s court (episcopalis audientia), which had jurisdiction over cases involving ecclesiastic officials. But it is clear from our sources that this was a much simplified and watered-down version wherein the bulk of cases were dealt with by the provincial governor irrespective of the type of case or considerations of a person’s ethnicity or status.\r\n\r\n\"Outside the courtroom there existed several less formal (but by no means less-legal) methods of dispute settlement. Arbitration, or other forms of dispute resolution such as mediation, negotiation, or self-help, offered an important alternative to formal litigation, which could be an expensive, unpredictable, and even risky endeavour. Unfortunately, the law took little notice of these, and what references we have in the Variae to such informal methods of dispute resolution reveal no more than one stage in what was, in most cases, a lengthy and protracted process.\" §REF§(Lafferty 2016: 148, 162) Lafferty, S. The Law. In Arnold, Bjornlie and Sessa (eds) A Companion to Ostrogothic Italy pp. 147-172. Brill. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/items/VQ8MC72F/item-list§REF§" }, { "id": 358, "polity": { "id": 122, "name": "pk_kachi_urban_2", "long_name": "Kachi Plain - Urban Period II", "start_year": -2100, "end_year": -1800 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": "\"While the necessary reliance on archaeological evidence has ensured that many aspects of Harappan civilization, such as economic activities, settlements, industry, and biological anthropology, have been investigated as well as or better than those of literate civilizations, the absence of intelligible documentary material is a major handicap to understanding Harappan social and political organization and has put some aspects of Harappan life, such as the law, quite beyond cognizance.\" §REF§(McIntosh 2008: 245) Jane McIntosh. 2008. <i>The Ancient Indus Valley</i>. Santa Barbara; Denver; Oxford: ABC-CLIO.§REF§" }, { "id": 359, "polity": { "id": 778, "name": "in_east_india_co", "long_name": "British East India Company", "start_year": 1757, "end_year": 1858 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": "\"As early as in 1810, Calcutta became a virtual goldmine for the English lawyers.\" <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/83IG9AXH\">[Sreemani_Bhattacharya 2020]</a>", "description": null }, { "id": 360, "polity": { "id": 250, "name": "cn_qin_emp", "long_name": "Qin Empire", "start_year": -338, "end_year": -207 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": "EMPTY_COMMENT", "description": null }, { "id": 361, "polity": { "id": 423, "name": "cn_eastern_zhou_warring_states", "long_name": "Eastern Zhou", "start_year": -475, "end_year": -256 }, "year_from": null, "year_to": null, "tag": "UND", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "uncoded", "comment": "Unknown.<br>\"The Legalists were the chief proponents of the use of a penal code to control the people. During the Warring States period, the sovereigns of the various states had little use for morals and rites. They were more concerned with building strong states, strengthening their armies, and enlarging their territories. This can only be realized by being able to keep a submissive people. The Legalists proved more useful for their political aspirations, as they exerted a major influence on Chinese traditional law and legal institutions, which were set up under their direction.\" <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/MHIPQV93\">[Fu 1993, p. 107]</a>", "description": null }, { "id": 362, "polity": { "id": 506, "name": "gr_macedonian_emp", "long_name": "Macedonian Empire", "start_year": -330, "end_year": -312 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "EMPTY_COMMENT", "description": null }, { "id": 363, "polity": { "id": 709, "name": "pt_portuguese_emp_2", "long_name": "Portuguese Empire - Early Modern", "start_year": 1640, "end_year": 1806 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": "\"Also not only high-ranking nobles but also many persons only on the fringes of nobility enjoyed special judicial rights, often by virtue of their particular profession or occupation. Judges, lawyers, professors and even students at the universities of Coimbra and Évora, who had their own elected conservators, came into this category.\" <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/TKKDT5CZ\">[Disney 2009]</a>", "description": null }, { "id": 364, "polity": { "id": 337, "name": "ru_moskva_rurik_dyn", "long_name": "Grand Principality of Moscow, Rurikid Dynasty", "start_year": 1480, "end_year": 1613 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "Legal matters were handled largely by state officials (such as diaki or prikaz clerks), the Church, or private individuals, rather than by any specialized legal profession. <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/NHG8MAYZ\">[Kollmann 2012]</a>", "description": "Professional lawyers did not appear in courts until later in the 16th century. §REF§Perrie 2006: 369§REF§" }, { "id": 366, "polity": { "id": 710, "name": "tz_tana", "long_name": "Classic Tana", "start_year": 1000, "end_year": 1498 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": "\"With the Islamisation of the East African coast, a process that started at least in the eighth century, shariʿa gradually came to be applied alongside customary law and practices. Through travellers’ records, such as Ibn Battuta’s of the early fourteenth century, we know that Islamic courts have existed for many centuries on the Swahili coast. Due to the dearth of sources, however, it is difficult to picture the workings of these legal institutions. Our understanding of the application of shariʿa, pertaining to questions such as who acted as kadhi [judge], who litigated, and where and how court sessions were held, remains very fragmentary prior to British colonial rule, and BuSa'idi rule in particular. As Michael Peletz cautions in his study on shariʿa courts in Malaysia, references attesting to the existence of these courts tell us little about the extent of the kadhi’s interaction with the local population and ruler or the extent to which shariʿa was applied. When we visualise the kadhis in the precolonial period, we should imagine them working outdoors as well as at their homes rather than in an actual court building, with their main role being that of a mediator; only if all mediation efforts failed, would they issue a judgement. We also have to bear in mind that Islamic courts were part of a legal system in which tribunals applied customary law on a parallel level. Not surprisingly, there is no precise information available on how these tribunals functioned and interacted with the kadhi’s courts.\" <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/IR3JV8PD\">[Stockreiter 2015]</a>", "description": null }, { "id": 367, "polity": { "id": 716, "name": "tz_early_tana_1", "long_name": "Early Tana 1", "start_year": 500, "end_year": 749 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": "EMPTY_COMMENT", "description": null }, { "id": 368, "polity": { "id": 717, "name": "tz_early_tana_2", "long_name": "Early Tana 2", "start_year": 750, "end_year": 999 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": "EMPTY_COMMENT", "description": null }, { "id": 369, "polity": { "id": 284, "name": "hu_avar_khaganate", "long_name": "Avar Khaganate", "start_year": 586, "end_year": 822 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": "no data.", "description": null }, { "id": 370, "polity": { "id": 226, "name": "ib_banu_ghaniya", "long_name": "Banu Ghaniya", "start_year": 1126, "end_year": 1227 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": "EMPTY_COMMENT", "description": null }, { "id": 371, "polity": { "id": 308, "name": "bg_bulgaria_early", "long_name": "Bulgaria - Early", "start_year": 681, "end_year": 864 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "Unlikely given low levels of literacy and essential absence of literature until the second half of the ninth century CE.", "description": null }, { "id": 372, "polity": { "id": 312, "name": "bg_bulgaria_medieval", "long_name": "Bulgaria - Middle", "start_year": 865, "end_year": 1018 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "Unlikely given low levels of literacy and essential absence of literature until the second half of the ninth century CE.", "description": null }, { "id": 373, "polity": { "id": 401, "name": "in_chauhana_dyn", "long_name": "Chauhana Dynasty", "start_year": 973, "end_year": 1192 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "Not evident from the following. \"As regards the Chauhan judiciary, again, the details from our sources are meagre in the extreme. In the first instance the cases probably went to the Village Councils, which are probably the popular courts mentioned by the Arab traveller, Sulaiman. The highest tribunal of justice, however, was the ruler who heard plaints of every type, original as well as appellate. [...] The ruler gave no arbitrary judgement. He generally referred the matter to the Panditas in the Dharmadhikarana, who then called for documentary evidence and witnessed and, in the absence of these two, perhaps resorted also to ordeals.\" <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/SI5HWMDE\">[Sharma 1959, pp. 240-241]</a>", "description": null }, { "id": 374, "polity": { "id": 249, "name": "cn_chu_k_warring_states", "long_name": "Chu Kingdom - Warring States Period", "start_year": -488, "end_year": -223 }, "year_from": null, "year_to": null, "tag": "UND", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "uncoded", "comment": "Unknown.<br>\"The Legalists were the chief proponents of the use of a penal code to control the people. During the Warring States period, the sovereigns of the various states had little use for morals and rites. They were more concerned with building strong states, strengthening their armies, and enlarging their territories. This can only be realized by being able to keep a submissive people. The Legalists proved more useful for their political aspirations, as they exerted a major influence on Chinese traditional law and legal institutions, which were set up under their direction.\" <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/MHIPQV93\">[Fu 1993, p. 107]</a>", "description": null }, { "id": 375, "polity": { "id": 716, "name": "tz_early_tana_1", "long_name": "Early Tana 1", "start_year": 500, "end_year": 749 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": "The following quote suggests that little is known about both Islamic and customary law after the advent of Islam in the 8th century CE, which itself suggests that little is also known about the law before that century. \"With the Islamisation of the East African coast, a process that started at least in the eighth century, shariʿa gradually came to be applied alongside customary law and practices. Through travellers’ records, such as Ibn Battuta’s of the early fourteenth century, we know that Islamic courts have existed for many centuries on the Swahili coast. Due to the dearth of sources, however, it is difficult to picture the workings of these legal institutions. Our understanding of the application of shariʿa, pertaining to questions such as who acted as kadhi [judge], who litigated, and where and how court sessions were held, remains very fragmentary prior to British colonial rule, and BuSa'idi rule in particular. As Michael Peletz cautions in his study on shariʿa courts in Malaysia, references attesting to the existence of these courts tell us little about the extent of the kadhi’s interaction with the local population and ruler or the extent to which shariʿa was applied. When we visualise the kadhis in the precolonial period, we should imagine them working outdoors as well as at their homes rather than in an actual court building, with their main role being that of a mediator; only if all mediation efforts failed, would they issue a judgement. We also have to bear in mind that Islamic courts were part of a legal system in which tribunals applied customary law on a parallel level. Not surprisingly, there is no precise information available on how these tribunals functioned and interacted with the kadhi’s courts.\" <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/IR3JV8PD\">[Stockreiter 2015]</a>", "description": null }, { "id": 376, "polity": { "id": 717, "name": "tz_early_tana_2", "long_name": "Early Tana 2", "start_year": 750, "end_year": 999 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": "\"With the Islamisation of the East African coast, a process that started at least in the eighth century, shariʿa gradually came to be applied alongside customary law and practices. Through travellers’ records, such as Ibn Battuta’s of the early fourteenth century, we know that Islamic courts have existed for many centuries on the Swahili coast. Due to the dearth of sources, however, it is difficult to picture the workings of these legal institutions. Our understanding of the application of shariʿa, pertaining to questions such as who acted as kadhi [judge], who litigated, and where and how court sessions were held, remains very fragmentary prior to British colonial rule, and BuSa'idi rule in particular. As Michael Peletz cautions in his study on shariʿa courts in Malaysia, references attesting to the existence of these courts tell us little about the extent of the kadhi’s interaction with the local population and ruler or the extent to which shariʿa was applied. When we visualise the kadhis in the precolonial period, we should imagine them working outdoors as well as at their homes rather than in an actual court building, with their main role being that of a mediator; only if all mediation efforts failed, would they issue a judgement. We also have to bear in mind that Islamic courts were part of a legal system in which tribunals applied customary law on a parallel level. Not surprisingly, there is no precise information available on how these tribunals functioned and interacted with the kadhi’s courts.\" <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/IR3JV8PD\">[Stockreiter 2015]</a>", "description": null }, { "id": 377, "polity": { "id": 407, "name": "in_kakatiya_dyn", "long_name": "Kakatiya Dynasty", "start_year": 1175, "end_year": 1324 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "Sastry <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/XJ8CF927\">[Sastry 1978, pp. 190-191]</a> provides examples of known legal cases, and does not mention lawyers.", "description": null }, { "id": 378, "polity": { "id": 389, "name": "in_kamarupa_k", "long_name": "Kamarupa Kingdom", "start_year": 350, "end_year": 1130 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": "\"When and how the judiciary was organised in Assam is not known. [...] Vyavaharika was perhaps a judicial administrator or lawyer [...]. Nothing is known about the procedure of trials.\" <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/58FRDM4B\">[Baruah 1985, p. 142]</a>", "description": null }, { "id": 379, "polity": { "id": 273, "name": "uz_kangju", "long_name": "Kangju", "start_year": -150, "end_year": 350 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": "\"The Kangju further developed a partly urban civilization with clay houses, palaces, and fortified walls. The semisedentary tribal aristocracy lived in the centers of the towns and settlements.\"§REF§(Barisitz 2017, 37) Stephan Barisitz. 2017. Central Asia and the Silk Road: Economic Rise and Decline over Several Millennia. Springer International Publishing.§REF§ Kangju civilization was not developed enough." }, { "id": 380, "polity": { "id": 395, "name": "in_karkota_dyn", "long_name": "Karkota Dynasty", "start_year": 625, "end_year": 1339 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "Not mentioned in the following, and indeed rarely mentioned in other sources about medieval Hindu. \"All Hindu theory lays the greatest stress on the administration of justice as an essential part of the protection to which the people are entitled from the government. According to Manu, the king should normally preside over the law-courts and be assisted by Brahmans and experienced councillors. The king is to hold court in a separate building in his own palace. The delegation of this regal duty to a chief justice is equally well known to Indian tradition. [...] Below the chief-justice there were other subordinate judges who were designated as Tantrapati and Rajasthanamantrinah. Judicial powers seem to have been exercised by other civil officers too: for instance the accounts-office called Seda is described as a Rajasthana in one of the passages of the Chronicle.\" <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/XJWSDUQS\">[Bamzai 1962, pp. 207-208]</a>", "description": null }, { "id": 381, "polity": { "id": 298, "name": "ru_kazan_khanate", "long_name": "Kazan Khanate", "start_year": 1438, "end_year": 1552 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": "\"Kazan, the sizeable capital, which had a population of about 20,000, was the centre of the Volga trade, and was inhabited by Tatar merchants, craftsmen, clergymen and scholars. The literature, historiography and architecture of the Kazan Tatars formed an outpost of Islamic civilization on the eastern fringe of Europe.\"§REF§(Kappeler 2014, 25) Andreas Kappeler. Alfred Clayton trans. 2014. The Russian Empire: A Multi-ethnic History. Routledge. London.§REF§" }, { "id": 382, "polity": { "id": 241, "name": "ao_kongo_2", "long_name": "Kingdom of Congo", "start_year": 1491, "end_year": 1568 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": null, "description": "Judicial texts.§REF§(Thornton 1998, 82) John Thornton. 1998. Africa and Africans in the Making of the Atlantic World, 1400-1800. Second Edition. Cambridge University Press.§REF§" }, { "id": 383, "polity": { "id": 326, "name": "it_sicily_k_2", "long_name": "Kingdom of Sicily - Hohenstaufen and Angevin dynasties", "start_year": 1194, "end_year": 1281 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": null, "description": "Advocate fees limited by presiding judges, widows, orphans and poor received free legal aid from State. §REF§(Allshorn 1912, 109)§REF§" }, { "id": 384, "polity": { "id": 212, "name": "sd_makuria_k_1", "long_name": "Makuria Kingdom I", "start_year": 568, "end_year": 618 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "EMPTY_COMMENT", "description": null }, { "id": 385, "polity": { "id": 235, "name": "my_malacca_sultanate_22222", "long_name": "Malacca Sultanate", "start_year": 1270, "end_year": 1415 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": "EMPTY_COMMENT", "description": null }, { "id": 386, "polity": { "id": 393, "name": "in_maukhari_dyn", "long_name": "Maukhari Dynasty", "start_year": 550, "end_year": 605 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": "\"As regards the system of justice we know next to nothing[...].\" <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/9EVTVIVQ\">[Pires 1934, p. 171]</a>", "description": null }, { "id": 387, "polity": { "id": 530, "name": "mx_monte_alban_5_a", "long_name": "Monte Alban V Early Postclassic", "start_year": 900, "end_year": 1099 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "Sources do not suggest there is evidence for a formal legal system during this period. <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/SHF4S8D7\">[Flannery_Marcus 1996]</a>", "description": null }, { "id": 388, "polity": { "id": 531, "name": "mx_monte_alban_5_b", "long_name": "Monte Alban V Late Postclassic", "start_year": 1101, "end_year": 1520 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "Sources do not suggest there is evidence for a formal legal system during this period. <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/SHF4S8D7\">[Flannery_Marcus 1996]</a>", "description": null }, { "id": 389, "polity": { "id": 206, "name": "dz_numidia", "long_name": "Numidia", "start_year": -220, "end_year": -46 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": "EMPTY_COMMENT", "description": null }, { "id": 390, "polity": { "id": 542, "name": "tr_ottoman_emp_4_copy", "long_name": "Yemen - Ottoman period", "start_year": 1873, "end_year": 1920 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": "The Ottoman administrators introduced reforms of the judicial system, but no professional advocates are mentioned: 'The twentieth century opened in Yemen with a judgeship recently modified in accord with Ottoman reforms. Behind the simple character of the 1916 Ottoman personnel list lies a template for a new way of thinking about the nature of the shariʽa court. Although the more sweeping changes represented by the new Nizamiyya courts established in the central provinces of the empire were not instituted in the highlands, there were some significant innovations. A modicum of “order” (nizam), on a scale reduced and adapted for the special circumstances of Ottoman rule in Yemen, was introduced into local judicial affairs, as it had been in the closely associated sphere ofinstruction. Like Ottoman schools, much of this new system would apparently be undone by Imam Yahya, only to reappear in the institutional reforms of the republic. Undramatic though they may now appear, the innovations signaled in the personnel list were elements of a comprehensive reformulation of the judicial process, and beyond, as in the case of instruction, of the state itself. The list embodies selected bits and pieces of a much larger Ottoman bureacratic scheme for a justice system, one roughly analogous (p.188) In scope and detail to the legislation for judicial organization enacted in Yemen in 1979. The 1916 Ibb court staff were implementing a style of bureaucratic behavior radically different from that of the patrimonial imamic state, one that would only begin to be fully elaborated conceptually and enacted in practice with the wave of legislation and accompanying generation of complex new state organs in the 1970s.' §REF§Messick, Brinkley 2012. \"The Calligraphic State\", 187p§REF§ In the Imamic system, Islamic legal scholars adjudicated disputes not resolved through tribal mechanisms: 'Central to the muwajaha format was the notion of responsiveness. An “official,” al-masʾul, was literally “the one asked.” What was sought from an imam or a governor, a mufti or a judge, was an “answer” (a jawab). In the case of the mufti, a query was posed and the answer was the fatwa. For the other three dispute-handling public officials, the imam in the capital and the governor and the judge on the provincial level, the approach was made in the form of a complaint or petition, known as a shakwa. Historically, shakwas were the general means by which individuals initiated actions in which they wanted to involve the state.9 Whether these were individual-state matters (employment, state credit, charity disbursement, tax matters) or individual-individual ones (p.171) (disputes of all sorts) pursued through the state, the shakwa always represented the opening move.' §REF§Messick, Brinkley 2012. \"The Calligraphic State\", 170p§REF§ The Shafi'i and Zaydi legal systems did not admit professional lawyers or advocates." }, { "id": 391, "polity": { "id": 237, "name": "ml_songhai_1", "long_name": "Songhai Empire", "start_year": 1376, "end_year": 1493 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "EMPTY_COMMENT", "description": null }, { "id": 392, "polity": { "id": 271, "name": "ua_skythian_k_3", "long_name": "Third Scythian Kingdom", "start_year": -429, "end_year": -225 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "EMPTY_COMMENT", "description": null }, { "id": 393, "polity": { "id": 230, "name": "dz_tlemcen", "long_name": "Tlemcen", "start_year": 1235, "end_year": 1554 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": null, "description": "\"This care for qualifications extended to the vizier, who was chosen for his financial and legal expertise\".§REF§(Bourn and Park 2016, 20) Aomar Bourn. Thomas K Park. 2016. Historical Dictionary of Morocco. Rowman & Littlefield. Lantham.§REF§" }, { "id": 394, "polity": { "id": 240, "name": "ma_wattasid_dyn", "long_name": "Wattasid", "start_year": 1465, "end_year": 1554 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "unknown", "comment": "EMPTY_COMMENT", "description": null }, { "id": 395, "polity": { "id": 227, "name": "et_zagwe", "long_name": "Zagwe", "start_year": 1137, "end_year": 1269 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "EMPTY_COMMENT", "description": null }, { "id": 396, "polity": { "id": 222, "name": "tn_zirid_dyn", "long_name": "Zirids", "start_year": 973, "end_year": 1148 }, "year_from": null, "year_to": null, "tag": "UND", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "uncoded", "comment": "Religious legal scholars were full-time.", "description": null }, { "id": 397, "polity": { "id": 586, "name": "gb_england_norman", "long_name": "Norman England", "start_year": 1066, "end_year": 1153 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "Legal roles in Norman England were not specialized. Law was administered by sheriffs, barons, bishops, and the king's court, all of whom combined legal responsibilities with other roles (e.g., administrative or military).\r\nThere was no distinct class of individuals dedicated solely to the practice or interpretation of law. <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/JISXN2HM\">[Carpenter 2003]</a>", "description": "" }, { "id": 398, "polity": { "id": 798, "name": "de_east_francia", "long_name": "East Francia", "start_year": 842, "end_year": 919 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": "Legal proceedings in East Francia were primarily conducted by local lords, counts, or dukes, who acted as both administrators and judges. These figures were not specialized legal professionals but part of the feudal hierarchy. <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/7SHDPVIS\">[Reuter 1991]</a>", "description": "" }, { "id": 399, "polity": { "id": 177, "name": "tr_ottoman_emp_4", "long_name": "Ottoman Empire IV", "start_year": 1839, "end_year": 1922 }, "year_from": 1864, "year_to": 1922, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": "The Nizamiye Courts were first established in 1864 as a part of the Tanzimat efforts meant to westernize and modernize the Ottoman Empire. During this time period the Khedivial Law School was founded for the sake of training lawyers for the Nizamiye Courts. <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/T6ZQKT6N\">[Rubin 2011]</a>", "description": "" }, { "id": 400, "polity": { "id": 21, "name": "us_hawaii_k", "long_name": "Kingdom of Hawaii - Post-Kamehameha Period", "start_year": 1820, "end_year": 1898 }, "year_from": 1840, "year_to": 1889, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "present", "comment": "In Hawaii there was no\r\nspecific constitutional or legal provision for such special courts and the\r\nexisting courts of the country had not hitherto been called upon to\r\nexercise jurisdiction in cases of the character referred to. Now, as\r\nsuch cases arose during the middle 1840's, the attorney general seized\r\nupon them as affording opportunity to round out the judicial system\r\n\r\nActing upon his advice and with his assistance, Governor Kekuanaoa, as judge of Oahu, assumed jurisdiction of these\r\ncases and decided them, as Judge Frear remarks, \"in accordance with\r\nthe principles of American and English jurisprudence.\" <a class=\"fw-bold\" href=\"https://www.zotero.org/groups/1051264/seshat_databank/items/ST8ANNS2\">[Kuykendall 1997, pp. 241-242]</a>", "description": "" }, { "id": 401, "polity": { "id": 21, "name": "us_hawaii_k", "long_name": "Kingdom of Hawaii - Post-Kamehameha Period", "start_year": 1820, "end_year": 1898 }, "year_from": 1820, "year_to": 1839, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Professional_lawyer", "professional_lawyer": "absent", "comment": null, "description": "" } ] }