Looking for an inspection copy?
This title is not currently available for inspection. However, if you are interested in the title for your course we can consider offering an inspection copy. To register your interest please contact email@example.com providing details of the course you are teaching.
Law 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.
Not yet reviewed
Be the first to review
Review was not posted due to profanity×
- Date Published: June 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
Sorry, this resource is locked
Please register or sign in to request access. If you are having problems accessing these resources please email firstname.lastname@example.orgRegister Sign in
You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.Continue ×
Are you sure you want to delete your account?
This cannot be undone.
Thank you for your feedback which will help us improve our service.
If you requested a response, we will make sure to get back to you shortly.×