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Twenty per cent of all the people in the world live under Islamic law. Going beyond steroetypes of rigid doctrine punishment the author explores the connections between everyday social life and contemporary Muslim ideas of justice and reason. Islamic law is thus seen as a kind of common law system closely attached to the cultural history of its adherents.
This book takes a case study approach to explore the crisis of legitimacy in American political culture. The question of legitimacy resides at the heart of any political system. However, understanding why an individual should recognize another's power over them is not solely limited to the analytically political but is deeply embedded in the larger cultural context of any society. Through a series of ethnographic case studies focused on the United States - from those involving the rhetoric of presidential prophecy and abuse of power to the dispute over a local sewerage authority's reach and a case of classroom blasphemy - the book aims to demonstrate both a ground-up approach to the problem of legitimacy and to capture some of the common cultural features that bond the examples together. The book will, therefore, be of interest to scholars of anthropology, sociology, political science, and socio-legal studies.
Too often, Western encounters with the Islamic world commence with stereotypes and end with a renewed distance. Drawing from decades of experience studying the Muslim world, Lawrence Rosen challenges these narrow understandings. Adopting an interdisciplinary approach, Rosen shows the wide-ranging significance of Muslim art, culture, and law around the world. Exploring political, economic, and social encounters within and with the Muslim world across the eras, he considers a wide range of contexts – from fifteenth-century mosaics in Central Asia that reveal a complex understanding of mathematics, to the political choices available to the youth of modern-day Morocco and Cairo. With in-depth analyses of art, law, and religion, and how they informed one another, Rosen develops a vibrant, nuanced portrait of the Islamic world. Drawing linkages across time, regions, and cultures, this is a significant anthropological study of the Islamic world from a seasoned scholar.
Legal systems do not operate in isolation but in complex cultural contexts. This original and thought-provoking volume considers how cultural assumptions are built into American legal decision-making, drawing on a series of case studies to demonstrate the range of ways courts express their understanding of human nature, social relationships, and the sense of orderliness that cultural schemes purport to offer. Unpacking issues such as native heritage, male circumcision, and natural law, Rosen provides fresh insight into socio-legal studies, drawing on his extensive experience as both an anthropologist and a law professional to provide a unique perspective on the important issue of law and cultural practice. The Judgement of Culture will make informative reading for students and scholars of anthropology, law, and related subjects across the social sciences.
Too often, Western encounters with the Islamic world commence with stereotypes and end with a renewed distance. Drawing from decades of experience studying the Muslim world, Lawrence Rosen challenges these narrow understandings. Adopting an interdisciplinary approach, Rosen shows the wide-ranging significance of Muslim art, culture, and law around the world. Exploring political, economic, and social encounters within and with the Muslim world across the eras, he considers a wide range of contexts – from fifteenth-century mosaics in Central Asia that reveal a complex understanding of mathematics, to the political choices available to the youth of modern-day Morocco and Cairo. With in-depth analyses of art, law, and religion, and how they informed one another, Rosen develops a vibrant, nuanced portrait of the Islamic world. Drawing linkages across time, regions, and cultures, this is a significant anthropological study of the Islamic world from a seasoned scholar.
In "Varieties of Muslim Experience," anthropologist Lawrence Rosen explores aspects of Arab Muslim life that are, at first glance, perplexing to Westerners. He ranges over such diverse topics as why Arabs eschew portraiture, why a Muslim scientist might be attracted to fundamentalism, and why the Prophet must be protected from blasphemous cartoons. What connects these seemingly disparate features of Arab social, political, and cultural life? Rosen argues that the common thread is the importance Arabs place on the negotiation of interpersonal relationships--a link that helps to explain actions as seemingly unfathomable as suicide bombing and as elusive as Quranic interpretation.
Legal systems do not operate in isolation but in complex cultural contexts. This original and thought-provoking volume considers how cultural assumptions are built into American legal decision-making, drawing on a series of case studies to demonstrate the range of ways courts express their understanding of human nature, social relationships, and the sense of orderliness that cultural schemes purport to offer. Unpacking issues such as native heritage, male circumcision, and natural law, Rosen provides fresh insight into socio-legal studies, drawing on his extensive experience as both an anthropologist and a law professional to provide a unique perspective on the important issue of law and cultural practice. The Judgement of Culture will make informative reading for students and scholars of anthropology, law, and related subjects across the social sciences.
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.
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.
In this remarkable work by seasoned scholar Lawrence Rosen, we follow the fascinating intellectual developments of four ordinary Moroccans over the span of forty years. Walking and talking with Haj Hamed Britel, Yaghnik Driss, Hussein Qadir, and Shimon Benizri-in a country that, in a little over a century, has gone from an underdeveloped colonial outpost to a modern Arab country in the throes of economic growth and religious fervor-Rosen details a fascinating plurality of viewpoints on culture, history, and the ways both can be dramatically transformed. Through the intellectual lives of these four men, this book explores a number of interpretative and theoretical issues that have made Arab culture distinct, especially in relationship to the West: how nothing is ever hard and fast, how everything is relational and always a product of negotiation. It showcases the vitality of the local in a global era, and it contrasts Arab notions of time, equality, and self with those in the West. Likewise, Rosen unveils his own entanglement in their world and the drive to keep the analysis of culture first and foremost, even as his own life enmeshes itself in those of his study. An exploration of faith, politics, history, and memory, this book highlights the world of everyday life in Arab society in ways that challenge common notions and stereotypes.
Law is integral to culture, and culture to law. Often considered a distinctive domain with strange rules and stranger language, law is actually part of a culture's way of expressing its sense of the order of things. In "Law as Culture," Lawrence Rosen invites readers to consider how the facts that are adduced in a legal forum connect to the ways in which facts are constructed in other areas of everyday life, how the processes of legal decision-making partake of the logic by which the culture as a whole is put together, and how courts, mediators, or social pressures fashion a sense of the world as consistent with common sense and social identity. While the book explores issues comparatively, in each instance it relates them to contemporary Western experience. The development of the jury and Continental legal proceedings thus becomes a story of the development of Western ideas of the person and time; African mediation techniques become tests for the style and success of similar efforts in America and Europe; the assertion that one's culture should be considered as an excuse for a crime becomes a challenge to the relation of cultural norms and cultural diversity. Throughout the book, the reader is invited to approach law afresh, as a realm that is integral to every culture and as a window into the nature of culture itself.
Twenty per cent of all the people in the world live under Islamic law. Going beyond steroetypes of rigid doctrine punishment the author explores the connections between everyday social life and contemporary Muslim ideas of justice and reason. Islamic law is thus seen as a kind of common law system closely attached to the cultural history of its adherents.
In this remarkable work by seasoned scholar Lawrence Rosen, we follow the fascinating intellectual developments of four ordinary Moroccans over the span of forty years. Walking and talking with Haj Hamed Britel, Yaghnik Driss, Hussein Qadir, and Shimon Benizri-in a country that, in a little over a century, has gone from an underdeveloped colonial outpost to a modern Arab country in the throes of economic growth and religious fervor-Rosen details a fascinating plurality of viewpoints on culture, history, and the ways both can be dramatically transformed. Through the intellectual lives of these four men, this book explores a number of interpretative and theoretical issues that have made Arab culture distinct, especially in relationship to the West: how nothing is ever hard and fast, how everything is relational and always a product of negotiation. It showcases the vitality of the local in a global era, and it contrasts Arab notions of time, equality, and self with those in the West. Likewise, Rosen unveils his own entanglement in their world and the drive to keep the analysis of culture first and foremost, even as his own life enmeshes itself in those of his study. An exploration of faith, politics, history, and memory, this book highlights the world of everyday life in Arab society in ways that challenge common notions and stereotypes.
A formative ethnography of the relationship between markets and social life, back in print. Originally published in 1979, Clifford Geertz's essay on the Moroccan bazaar is a classic ethnographic account of the interplay of economic, social, and religious lives in the bustle of transaction. Drawing on years of fieldwork in the Middle Atlas town of Sefrou, Geertz explores how actors from diverse backgrounds assess the worth and meaning of other people's wares, words, and ways of doing business. He shows how the search for market information, so central to the theorization of markets by economists, is here based on careful appraisals of social relations, embedded in understandings of the broader institutional environment of the market town and its hinterlands. With a richness of insights procured for generations of readers, Geertz's essay on the suq is a model of and for the craft of ethnographic theory. Long out of print, it is republished here in a stand-alone edition introduced by Lawrence Rosen.
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studies the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant's actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studies the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant's actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
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