Much modern anthropology has assumed that an adequate description of any society consists of rules that inform its members' relationships and the logic that unites their cultural symbols. In this book Lawrence Rosen argues that, for the people who live in and around the Moroccan city of Sefrou, attachment to others and the terms by which they are conceived are, at their most fundamental level, subject to a constant process of negotiation. Drawing on the philosophy of speech acts as well as interpretive theory, Rosen shows how, for the people of this Muslim community, reality consists of...
Much modern anthropology has assumed that an adequate description of any society consists of rules that inform its members' relationships and the logi...
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...
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 found...
One out of five people in the world today lives subject to Islamic law, but stereotypes of rigid doctrine or harsh punishment obscure an understanding of the values and style of reasoning that characterize everyday lslamic adjudication. By considering its larger social and cultural context Islamic law is shown to be a kind of common law system: justice is sought through a careful assessment of persons, more than facts, and justice resides not in equality but in a quest for equivalence. Through ordinary court proceedings the style of reasoning is seen to be embedded in a set of cultural...
One out of five people in the world today lives subject to Islamic law, but stereotypes of rigid doctrine or harsh punishment obscure an understanding...