Managing conflicts, preserving boundaries. Arbitration courts in the Roman ghetto (sixteenth to nineteenth century)

This paper delves into the intricate world of conflict resolution within Rome's Jewish community from the 16th to the 19th century, focusing specifically on the operation of arbitration courts. It explores the historical backdrop, legal structures, and practical application of Jewish arbitration, emphasizing its role in maintaining communal boundaries and self-governance amidst external pressures and marginalization. Through the analysis of archival documents and rabbinical decrees, the study illuminates the complex dynamics between internal autonomy and interactions with the wider Christian society. It argues that while Jewish arbitration aimed to provide a discreet, internal mechanism for resolving disputes and preserving social cohesion, it faced ongoing challenges from external courts and internal dissent. The paper begins by outlining the structure and function of Jewish arbitration, rooted in Halacha (Jewish Law), and how it was integrated into the community's legal framework. It details the procedural model of civil arbitration, the roles of arbitrators and notaries, and the significance of the compromission -a mutual agreement to resolve disputes through arbitration rather than secular courts. It further explores the delicate balance between maintaining internal autonomy and engaging with the external legal system, highlighting instances where Jewish arbitration was recognized and cases where disputes spilled over into Christian courts. The study also examines the socio-political context in which this arbitration system operated, including the ghetto's physical and social isolation, the influence of religious authority, and the community's precarious position within the Papal States. It argues that the persistence of Jewish arbitration, despite challenges and limitations, reflects the community's ongoing commitment to self-determination and internal cohesion. The paper concludes by emphasizing the importance of understanding these internal dynamics for a comprehensive view of Jewish life in the early modern period, suggesting that the study of Jewish arbitration offers valuable insights into the strategies and challenges of maintaining communal identity and autonomy under conditions of marginalization.