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The Anthropology of Justice: Law as Culture in Islamic Society



Law has often been seen as a relatively autonomous, one in which a professional elite sharpy controls 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 concept 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 judge's decision.


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3845340.59 Ros aAvailable

Detail Information

Series Title
The Lewis Henry Morgan Lectures; 1985
Call Number
340.59 Ros a
Publisher Cambridge University Press : Cambridge.,
Collation
xvi + 101hlm: 15x22,5cm
Language
English
ISBN/ISSN
0-521-36740-9
Classification
340.59
Content Type
-
Media Type
-
Carrier Type
-
Edition
-
Subject(s)
Specific Detail Info
-
Statement of Responsibility

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