| Description |
xvi, 101 pages, 6 leaves of plates : illustrations ; 24 cm |
| Series |
Lewis Henry Morgan lectures ; 1985 |
|
The Lewis Henry Morgan lectures ; 1985 |
|
Lewis Henry Morgan lectures ; 1985
|
| Contents |
Machine derived contents note: 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 |
| Summary |
Summary: The study explores the cultural basis of judicial discretion, using the Islamic courts of Morocco as its substantive base. In particular, the study examines the key elements of Qurʼān, ḥadīth, and shariʻah, and the cluster of cultural concepts and attitudes portrayed through aṣl, nafs, and ḥaqq. 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 shape of a judge's (qāḍī) decision |
| Analysis |
Law - Anthropological perspectives |
| Notes |
Includes index |
| Bibliography |
Bibliography: pages 91-98 |
| Subject |
Culture and law.
|
|
Islamic law -- Morocco.
|
|
Islamic law.
|
|
Judicial discretion -- Morocco.
|
|
Law and anthropology.
|
| SUBJECT |
Morocco -- Social life and customs. http://id.loc.gov/authorities/subjects/sh2008115944
|
| LC no. |
88021438 |
| ISBN |
0521365139 |
|
0521367409 (paperback) |
|
