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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.
Availability
3845 | 340.59 Ros a | Available |
Detail Information
Series Title |
The Lewis Henry Morgan Lectures; 1985
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Call Number |
340.59 Ros a
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Publisher | Cambridge University Press : Cambridge., 1990 |
Collation |
xvi + 101hlm: 15x22,5cm
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Language |
English
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ISBN/ISSN |
0-521-36740-9
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Classification |
340.59
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Content Type |
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Media Type |
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Carrier Type |
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Edition |
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Subject(s) | |
Specific Detail Info |
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Statement of Responsibility |
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Other version/related
No other version available