DO TITLE HOLDERS ALWAYS WIN IN THE OTTOMAN COURTS?

Abstract

In this study, the relationship between litigation success and the titles of the parties (plaintiff and defendant) in Ottoman courts was examined. The registers of Galata and Üsküdar courts from the center and Konya and Kütahya courts from the province between the period 1800-1840 were used. Making use of the 50% plaintiff win rate hypothesis and the factors affecting this rate in the law and economics literature, the effect of being a titleholder on litigation success is investigated by regression analyses. According to the first model, while being a title holder has a significant effect on the probability of success considering all observations and in the provincial courts, it is not valid in the center. In the second model, in which titles are categorized in more detail, variables such as representation, the burden of proof, and evidence are added as controls besides the gender and religion of the parties. Accordingly, elite titles and the burden of proof seem to be the important factors that affect the probability of success to deviate between parties to cases and across regions.