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In this first full-scale study of the operations of a modern Islamic court of law in the Arabic-speaking world, the author examines the cultural foundations of judicial discretion. He shows how the analysis of legal systems requires an understanding of the concepts and relationships encountered in everyday life. Using the Islamic courts of Morocco as its substantive base, he demonstrates how 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 Anglo-American law, the author demonstrates that in both societies, it is necessary to view law as integral to culture and culture as indispensable to law.
Reviews & endorsements
"Rosen's argument is exceptionally interesting and well-constructed....This is the first detailed and contemporary analysis of the workings of an Islamic court." Philosophy East & WestSee more reviews
"Commendable...Rosen's work is an original and welcome contribution to the understanding of the apparent contradictions and peculiarities of Islamic society. One would wish for more studies of this nature and quality." P.J. Vatikiotis, Encounter
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- Date Published: July 1989
- format: Paperback
- isbn: 9780521367400
- length: 132 pages
- dimensions: 229 x 152 x 8 mm
- weight: 0.21kg
- contains: 9 b/w illus.
- availability: Available
Table of Contents
Foreword Alfred Harris
1. Law and culture: the appeal to analogy
2. Determining the indeterminable
3. Reason, intent, and the logic of consequence
4. Judicial discretion, state power, and the concept of justice
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