Kadijustiz in the ecclesiastical courts: Naming, blaming, reclaiming.

The article analyzes Israel's ecclesiastical court system through the prism of Weberian theory to both empirical and theoretical ends. On the empirical level, it aims to illuminate a grossly understudied socio‐legal arena—the communal Christian courts in the Middle‐East. On the theoretical level, it...

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Bibliographic Details
Published in:Law & Society Review Vol. 56; no. 1; pp. 53 - 78
Main Authors: Shahar, Ido, Yefet, Karin Carmit
Format: Article
Published: Cambridge University Press Mar2022
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Online Access:View this record in EBSCOhost
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Summary:The article analyzes Israel's ecclesiastical court system through the prism of Weberian theory to both empirical and theoretical ends. On the empirical level, it aims to illuminate a grossly understudied socio‐legal arena—the communal Christian courts in the Middle‐East. On the theoretical level, it seeks to reclaim the Weberian concept of kadijustiz, which refers to "formally irrational" legal systems. In recent decades, scholars have engaged in a process of "blaming" that discredited the conceptualization of Islamic law as kadijustiz and resulted in the concept's erasure from socio‐legal theory. After renaming it to the more neutral and non‐Orientalist richterjustiz, we employ this new‐old concept to analyze Israel's ecclesiastical courts and demonstrate its theoretical and analytical merits. The article concludes with several theoretical propositions, which draw on the empirical case study and contribute to the refinement of Weberian theory.