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Most studies on Islamic, Arab and Ottoman societies are content with the role of testimony that texts available to researchers can play, thus reducing the role of text and language to a mimetic description of past events. The point here is to show that any understanding of social relations implies, first, to consider the textual production of a society by questioning the meaning assignable to the texts themselves. It also supposes that the analysis of texts, whatever their societal and institutional context, must consider its sources as discursive practices, in order not to reduce them to their preliminary function of factual testimony. Drawing on a wide variety of Ottoman "legal" texts produced in Beirut and Damascus in the 19th century, this book avoids linking these texts to the normative values ​​of “Islamic law”, but on the contrary documents the way in which discursive practices operate concretely on a specific terrain. Different levels of practices then emerge, all documented by the social actors who made their very existence possible.

Judicial process (Islamic law) --- Procedure (Islamic law) --- Evidence, Documentary (Islamic law) --- Law, Politics & Government --- Canon Law --- Islamic law --- droit islamique --- économie --- waqf --- justice --- droit

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The articles forming the present volume aim to contribute to the rich and evolving historiography on the multiplicity of the actors and the institutions of Ottoman legal system. As the title of the volume suggests, “forms” and “institutions” of justice are a common thread in the contributions. Each article concentrates on a specific historical moment and context in order to chart the articulation of different forms of Ottoman justice. This volume has emerged as an outcome of a workshop organized at the French Institute of Anatolian Studies (IFEA) on January 6-7, 2012, in Istanbul. At the outset we grappled with the following question: What were the multiple actors and normative sources that enabled the historians to talk about ‘justice’ across different cultural and historical geographies under the rule of the Ottoman dynasty? Our concern was in part to question the unitary conception of an ‘Ottoman Justice’ and the legal and procedural dominance accorded the kadi in Ottoman historiography.

History --- acteur --- histoire --- justice --- source normative --- actor --- history --- source --- norm

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History