The Anthropology of Justice: Law as Culture in Islamic Society (Lewis Henry Morgan Lectures)

Features

• Cover Type: Paperback with 118 pages
• Published by: Cambridge University Press July 28, 1989
• Written in: English
• ISBN 10 Number: 0521367409
• ISBN 13 Number: 978-0521367400
• Book Dimensions: 8.8 x 5.9 x 0.6 inches
• Weighs: 8.5 ounces

Product Review
"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 & West

"CommendableRosen'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

Product Description
In this first full-scale study of the operations of a modern Islamic court of law in the Arabic-speaking world, the author looks at 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.

Reader Reviews
This review is from: The Anthropology of Justice: Law as Culture in Islamic Society (Lewis Henry Morgan Lectures) (Hardcover) Rosen brings his deep familiarity with both the fields of law and anthropology to bear in an anthropological examintion of the legal practice of kadis and their courts in Moroccan society. His documentation of the cultural logic and practice of Islamic law is fascinating and worth reading although it should be criticized that he too presumptuously seems willing to apply his insights into Moroccan society to Islamic Law as such. In this sense, there is much to be learned from Rosen about the Moroccan cultural and social institutions of Islamic Law, but much less to learn with regard to Islamic law as an intellectual discourse as such.