The article "The Artisan, the Muhtasib and the Judge: Birth and Solution of a Conflict in Cordoba in the Second Half of the 11th Century" by Christine Mazzoli-Guintard explores the resolution of conflicts in the professional sphere of craftsmanship in 11th-century Cordoba. Through the lens of legal texts written by Ibn Sahl, the author provides insight into the complex society of Al-Andalus, a territory under Muslim domination that corresponds to modern-day Spain and Portugal. By examining a specific case involving shoemakers, the muhtasib, and the judge, the article sheds light on the regulation of conflicts, social roles, and hierarchical positions within this unique social formation. This study offers a nuanced understanding of a pluralistic and highly ordered society, challenging common perceptions of the period as obscurantist. The article's analysis of the legal field and economic regulation provides a stimulating perspective on the complexity of Al-Andalus society.
Extract
[...] The second major part of Christine Mazzolini-Guintard's reflection will be to report on the settlement of the case in the Cordoba court (p.194). In this vein, her goal will be to dissect the way in which the legal authority will deal with the regulation of this conflict. This is why the question of the legitimacy of the shoemakers' rebellious position vis-à-vis the authority of the muhtasib, This question is posed by Ibn Sahl himself (pp.194-195). It is therefore interesting at this level to appreciate the tensions that exist between the muftis (guarantors of religious authority) and the shoemakers. [...]
[...] In fact, the divergence of views on penalties accounts for the tensions that exist within the Cordovan jurisdiction and, in particular, among the muftis. In fact, it is the financial interests at stake that complicate the situation, according to the author (p.198). Finally, the author concludes his argument by taking a sufficient height to understand the conclusions of the trial. According to her, this trial allows both to understand the judicial institution and the economic problems within a complex society. [...]
[...] To do this, she will develop her argumentation around a scheme that may seem classic in order to appreciate a legal phenomenon. First, it is a matter of understanding the origin of the conflict (p.191). The latter, rooted in the economic difficulties specific to this professional environment. Here, the author accounts for an unavoidable actor to understand the rest of her proposal: the muhtasib, in other words, he who makes order reign in the souk, the market in Arab society, even if it can be likened to a magistrate. [...]
[...] In other words, this type of conflict could paradoxically contribute to improving the consolidation of institutions in a society. III. Comments and Criticisms: In view of this text, it is quite appreciable to report on the importance of a work such as that of Christine Mazzolini-Guintard on the theme of the law and the economics of regulation. An importance in the sense that the author, as a historian, was able to analyze a legal case dating back to the X century by taking into account the treaties of Ibn Sahl that have reached us in modern times. [...]
[...] In other words, to take into account other types of conflicts with other actors, whether they are present in the souks or not. This would have allowed a better understanding of the regulation of conflicts in a more general and less specific way than that of the shoemakers. Nevertheless, this criticism does not detract from the merit of this contribution, which proves to be very stimulating to better understand an enlightened society in a period of history that is often criticized for its lack of progress in the field of law. [...]
