Lawrence Rosen - Böcker

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 assumptions, thus rendering the study of Islamic legal proceedings a window on Muslim society generally. Using data ranging from the courts of North Africa to the treatment of Islam in American courts, from a reinterpretation of the Prophet's sociological jurisprudence to the analysis of Islamic concepts of responsibility and trust these essays demonstrate the enduring appeal of Islamic law in the lives of everyday adherents.

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 assumptions, thus rendering the study of Islamic legal proceedings a window on Muslim society generally. Using data ranging from the courts of North Africa to the treatment of Islam in American courts, from a reinterpretation of the Prophet's sociological jurisprudence to the analysis of Islamic concepts of responsibility and trust these essays demonstrate the enduring appeal of Islamic law in the lives of everyday 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.

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.

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 the network of obligations formed by individuals out of a repertoire of relational possibilities whose defining terms are comprised by a set of essentially negotiable concepts. He thus demonstrates that the bonds of family, tribe, and political alliance take shape only as the bargains struck in and through the malleable terms that describe them take shape; that statements about relationship are no more true than a price mentioned in the marketplace until properly validated; that the relations between men and women, Arabs and Berbers, Muslims and Jews test the limits of interpersonal negotiation; and that the concepts of time, character, and narrative style are consonant with a view of reality as bargained-for network of obligations.Bargaining for Reality makes an important contribution to our understanding of contemporary Middle Eastern society and to the development of powerful new interpretive strategies for a wide range of social theorists."[Rosen's] book is extremely useful for African and Middle Eastern historians, because he challenges some of our most basic ideas about the nature and force of kinship, tribe, ethnicity, and other large- and small-scale political ties."—Allan R. Meyers, International Journal of African Historical Studies"The book conveys a compelling image of Moroccan social experience and is peppered with vivid anecdotes and case histories."—Stephen William Foster, American Anthropologist

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. Written with eloquence and a deep knowledge of the entire spectrum of Muslim experience, Rosen's book will interest not only anthropologists and Islamicists but anyone invested in better understanding the Arab world.

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. Written with eloquence and a deep knowledge of the entire spectrum of Muslim experience, Rosen's book will interest not only anthropologists and Islamicists but anyone invested in better understanding the Arab world.

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. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that 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 the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.

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.

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.

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.

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.

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.

Tribes: Challenging the Image, Shifting the Paradigm reconsiders the concept of “tribe” in political, cultural, and academic discourse, offering a dynamic alternative to outdated and damaging stereotypes.This book critiques the popular portrayal of tribes as static, violent, or regressive, arguing instead for an understanding of tribal life as adaptive, egalitarian, and resilient. Drawing on examples from colonial history, contemporary war zones, and indigenous sovereignty movements, it explores how tribes disperse power, resist conquest, and regenerate through ritual and cultural practice. The volume challenges the misuse of “tribalism” in modern politics and repositions tribes as vital actors in global conversations about identity, governance, and resource rights. Through comparative analysis, it proposes a new paradigm that recognizes tribes as shape-shifters rather than fixed structures.Tribes: Challenging the Image, Shifting the Paradigm is ideal for students and researchers interested in anthropology, human rights, international relations, and political rhetoric.

Tribes: Challenging the Image, Shifting the Paradigm reconsiders the concept of “tribe” in political, cultural, and academic discourse, offering a dynamic alternative to outdated and damaging stereotypes.This book critiques the popular portrayal of tribes as static, violent, or regressive, arguing instead for an understanding of tribal life as adaptive, egalitarian, and resilient. Drawing on examples from colonial history, contemporary war zones, and indigenous sovereignty movements, it explores how tribes disperse power, resist conquest, and regenerate through ritual and cultural practice. The volume challenges the misuse of “tribalism” in modern politics and repositions tribes as vital actors in global conversations about identity, governance, and resource rights. Through comparative analysis, it proposes a new paradigm that recognizes tribes as shape-shifters rather than fixed structures.Tribes: Challenging the Image, Shifting the Paradigm is ideal for students and researchers interested in anthropology, human rights, international relations, and political rhetoric.

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.

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.

Argues that a refined concept of culture can be used by American courts to better analyze cases that cover the sense of community.Supreme Court Justices frequently justify their opinions in terms of the traditions and customs of a community. Yet, the rights and interests of entities that fit neither with the state nor the individual are treated as fluid and subjective, often existing without clarity in the current legal framework. The Rights of Groups focuses on a series of specific examples to argue that a more refined concept of culture than has been employed by American courts could offer better ways to analyze a broad range of cases that employ the notion of community.Through an original reading of the Ninth Amendment, Lawrence Rosen illustrates how a constitutional consideration for group protections might be applied to decisions arising before the Supreme Court, including the decision to overturn Roe v. Wade. Similarly, in other chapters, Rosen shows how a revised theory of culture can change the concepts—including those of "community"—that courts currently apply, whether it is the application of indigenous concepts of value to revise the statutes governing intellectual property, the importance to native peoples that burial remains be returned to the group, the role a community can play in the responsibilities attendant on the prudent investor rule, the cultural organization of Western states' water resources, or the implementation of a new basis for group defamation suits. The book thus concludes with a call for a more sophisticated concept of culture that can sharpen our usage of the legitimate rights and interests of those entities that fit neither with the state nor the individual.

Ibn Khaldun’s theory of dynastic history, economics, and group cohesion has drawn attention far beyond his North African home. He holds a unique place in the Western imagination, cited by figures as diverse as Mark Zuckerberg and President Ronald Reagan. His holistic, functionalist approach foreshadowed the development of modern social science. Whether analyzing kin-based solidarity, the role of religion in communal life, or the interplay between the universal and the particular, his emphasis on direct observation and cultural interpretation makes him a vital progenitor to contemporary anthropology.

Ibn Khaldun’s theory of dynastic history, economics, and group cohesion has drawn attention far beyond his North African home. He holds a unique place in the Western imagination, cited by figures as diverse as Mark Zuckerberg and President Ronald Reagan. His holistic, functionalist approach foreshadowed the development of modern social science. Whether analyzing kin-based solidarity, the role of religion in communal life, or the interplay between the universal and the particular, his emphasis on direct observation and cultural interpretation makes him a vital progenitor to contemporary anthropology.