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The Mixed Courts of Egypt (1875-1949)
Abstract
To understand how a new Egyptian law has taken form over the last two centuries, it is necessary to look at the last quarter of nineteenth century and especially at the Mixed Courts (mahâkim mukhtalata). In 1875, under the khedive Ismâ'îl, legal and judicial reforms resulted in the establishment of the Mixed Courts as well as codes and the personal status code of Qadri Pacha. Under the British, the reform continued and, in 1883 the Native Courts (mahâkim misr ahliyya) were created inspired by the Mixed Courts. This study is based on extensive research in archival collections in Egyptian legal institutions (Cairo and Alexandria), in Lebanese private archives (Beirut) and in the French Archives (Paris, Nantes, Roubaix, Lyon and Aix). First, I want to demonstrate that the legal transfers inspired by the civil law model (French, Belgium and Italian influences) were the result of numerous economic, human and political factors, for example the flow of people (the European and Ottoman "traveller-lawyers"), goods and ideas (civil, commercial, penal and administrative law of continental Europe), the Emancipation of Egypt as an Ottoman province, the importance of such key-players as Ismâ'îl Pacha (1863-1879) and his Minister of Foreign Affairs Nubar Pacha and the British government. Next, I show the coexistence of different legal sources in new mixed codes, case-law and French-Arabic dictionaries. I demonstrate that the Mixed Courts were established to settle disputes in which European and Locals had an interest. It is important to give some details on the personel (judges, lawyers...) who came from various European countries and Arab provinces. This phenomen of technology transfers was also the result of new law schools created in Cairo such as the Khedivial School of Law (1868) and French law School (1890). Finally, I analyze why Local and European personel of the Mixed Courts criticized them after the Egyptian Revolution in 1919. This section is based on the study of one register of the Mixed Court of Appeal in Alexandria and on articles published in law reviews in Egypt between 1919 and 1949, the year of the abolition of the Mixed Courts.
Discipline
History
Geographic Area
Egypt
Sub Area
19th-21st Centuries