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Klappentext 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. Zusammenfassung 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. Inhaltsverzeichnis Foreword Alfred Harris; Preface; 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; Notes; Bibliography; Index.
