The Anthropology of Justice
Law as Culture in Islamic Society
By (author) Lawrence Rosen
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Anthropology of Justice by Lawrence Rosen
Book DescriptionLaw has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.
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Book DetailsISBN: 9780521367400
(228mm x 152mm x 8mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 15-Jun-1989
Country of Publication: United Kingdom
Books By Author Lawrence Rosen
Varieties of Muslim Experience, Paperback (May 2011)
Explores aspects of Arab Muslim life that are, at first glance, perplexing to Westerners. This title argues that the common thread is the importance Arabs place on the negotiation of interpersonal relationships - a link that helps to explain actions as seemingly unfathomable as suicide bombing and as elusive as Quranic interpretation.
Law as Culture, Paperback (March 2008)
Law is integral to culture, and culture to law. This book invites readers to consider how the facts that are adduced in a legal forum connect to the ways in which facts are constructed in other areas of everyday life, and how the processes of legal decision-making partake of the logic by which the culture as a whole is put together.
Open Source Licensing, Paperback (July 2004)» View all books by Lawrence Rosen
As open source software is blossoming around the world, it is crucial to understand how open source licenses work and their legal foundations. This book explains the intellectual property laws that support open source licensing, reviews leading licenses, and is intended for developers, managers, and lawyers.
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