Suchergebnisse

International audience ; This chapter describes the search for legal grounds in cases of homosexuality in a comparative perspective (Senegal, Egypt, Lebanon, and Indonesia). The authors wonder how judges play by the rules when the law is silent. It appears that, on the one hand, even in cases in which the legal basis is thin or absent, judges are looking for rules on which to ground their decisions. In that sense, judges are positivist legal practitioners who need legal rules to perform their professional duties. However, on the other hand, moral considerations seem to influence deeply the same judges' legal cognition. The chapter examines how this unfolds in the concrete settings of four countries—Indonesia, Lebanon, Egypt, and Senegal—in cases related to male homosexuality. These countries offer in many respects an excellent basis for the comparative inquiry into the morality of legal cognition—Muslim-majority societies, public condemnations of homosexuality, civil-law inspired legal systems, sensitiveness to international discourse on the state of law and human rights. In each of them, it analyzes cases that attracted much public and media attention. It observes in these cases how judges proceeded in situations in which there was no or only elusive rules to ground their rulings. Despite important differences, the cases exhibit striking similarities in the ways in which judges bypass gaps and silences in legislation via the selection of alternate rules that prove efficient in sanctioning morally associated aspects of the accused persons' allegedly deviant behavior.

International audience ; This chapter describes the search for legal grounds in cases of homosexuality in a comparative perspective (Senegal, Egypt, Lebanon, and Indonesia). The authors wonder how judges play by the rules when the law is silent. It appears that, on the one hand, even in cases in which the legal basis is thin or absent, judges are looking for rules on which to ground their decisions. In that sense, judges are positivist legal practitioners who need legal rules to perform their professional duties. However, on the other hand, moral considerations seem to influence deeply the same judges' legal cognition. The chapter examines how this unfolds in the concrete settings of four countries—Indonesia, Lebanon, Egypt, and Senegal—in cases related to male homosexuality. These countries offer in many respects an excellent basis for the comparative inquiry into the morality of legal cognition—Muslim-majority societies, public condemnations of homosexuality, civil-law inspired legal systems, sensitiveness to international discourse on the state of law and human rights. In each of them, it analyzes cases that attracted much public and media attention. It observes in these cases how judges proceeded in situations in which there was no or only elusive rules to ground their rulings. Despite important differences, the cases exhibit striking similarities in the ways in which judges bypass gaps and silences in legislation via the selection of alternate rules that prove efficient in sanctioning morally associated aspects of the accused persons' allegedly deviant behavior.

International audience ; This chapter describes the search for legal grounds in cases of homosexuality in a comparative perspective (Senegal, Egypt, Lebanon, and Indonesia). The authors wonder how judges play by the rules when the law is silent. It appears that, on the one hand, even in cases in which the legal basis is thin or absent, judges are looking for rules on which to ground their decisions. In that sense, judges are positivist legal practitioners who need legal rules to perform their professional duties. However, on the other hand, moral considerations seem to influence deeply the same judges' legal cognition. The chapter examines how this unfolds in the concrete settings of four countries—Indonesia, Lebanon, Egypt, and Senegal—in cases related to male homosexuality. These countries offer in many respects an excellent basis for the comparative inquiry into the morality of legal cognition—Muslim-majority societies, public condemnations of homosexuality, civil-law inspired legal systems, sensitiveness to international discourse on the state of law and human rights. In each of them, it analyzes cases that attracted much public and media attention. It observes in these cases how judges proceeded in situations in which there was no or only elusive rules to ground their rulings. Despite important differences, the cases exhibit striking similarities in the ways in which judges bypass gaps and silences in legislation via the selection of alternate rules that prove efficient in sanctioning morally associated aspects of the accused persons' allegedly deviant behavior.

International audience ; This chapter describes the search for legal grounds in cases of homosexuality in a comparative perspective (Senegal, Egypt, Lebanon, and Indonesia). The authors wonder how judges play by the rules when the law is silent. It appears that, on the one hand, even in cases in which the legal basis is thin or absent, judges are looking for rules on which to ground their decisions. In that sense, judges are positivist legal practitioners who need legal rules to perform their professional duties. However, on the other hand, moral considerations seem to influence deeply the same judges' legal cognition. The chapter examines how this unfolds in the concrete settings of four countries—Indonesia, Lebanon, Egypt, and Senegal—in cases related to male homosexuality. These countries offer in many respects an excellent basis for the comparative inquiry into the morality of legal cognition—Muslim-majority societies, public condemnations of homosexuality, civil-law inspired legal systems, sensitiveness to international discourse on the state of law and human rights. In each of them, it analyzes cases that attracted much public and media attention. It observes in these cases how judges proceeded in situations in which there was no or only elusive rules to ground their rulings. Despite important differences, the cases exhibit striking similarities in the ways in which judges bypass gaps and silences in legislation via the selection of alternate rules that prove efficient in sanctioning morally associated aspects of the accused persons' allegedly deviant behavior.

Cartographie -- L'"exception" marocaine : stabilité et dialectique de la réforme / Baudouin Dupret, Jean-Noël Ferrié -- Des islamistes au service du roi? / Haouès Seriguer -- "Soutenir la révolution dans le monde arabe est un devoir" / Guillaume Fourmont -- Les contradictions d'une jeunesse plus conservatrice / Mohammed-Sghir Janjar -- Quelle croissance dans un Maroc en pleine transition? / Mouna Cherkaoui -- Sahara occidental : les enjeux politiques du développement / Karine Bennafla -- Les migrants marocains : une mondialisation par le bas / Medhi Alioua -- Le Maroc dans le contexte régional maghrébin / Pierre Vermeren -- Maroc-États-Unis : un axe stratégique au Maghreb / Bichara Khade.

Frontmatter -- Contents -- Introduction -- Part One. Performing Rituals -- Chapter 1 Black Magic, Divination and Remedial Reproductive Agency in Northern Pakistan -- Chapter 2 Preparing for the Hajj in Contemporary Tunisia: Between Religious and Administrative Ritual -- Chapter 3 "There Used To Be Terrible Disbelief ": Mourning and Social Change in Northern Syria -- Chapter 4 Manifestations of Ashura Among Young British Shi 'is -- Chapter 5 The Ma'ruf: An Ethnography of Ritual (South Algeria) -- Chapter 6 The Sufi Ritual of the Darb al-shish and the Ethnography of Religious Experience -- Chapter 7 Preaching for Converts: Knowledge and Power in the Sunni Community in Rio de Janeiro -- Chapter 8 Worshipping the Martyr President: The Darih of Rafiq Hariri in Beirut -- Chapter 9 Staging the Authority of the Ulama: The Celebration of the Mawlid in Urban Syria -- Part Two. Contextualising Interactions -- Chapter 10 The Salafi and the Others: An Ethnography of Intracommunal Relations in French Islam -- Chapter 11 Describing Religious Practices among University Students: A Case Study from the University of Jordan, Amman -- Chapter 12 Referring to Islam in Mutual Teasing: Notes on an Encounter between Two Tanzanian Revivalists -- Chapter 13 Salafis as Shaykhs: Othering the Pious in Cairo -- Chapter 14 Ethics of Care, Politics of Solidarity: Islamic Charitable Organisations in Turkey -- Chapter 15 Making Shari'a Alive: Court Practice under an Ethnographic Lens -- Chapter 16 Referring to Islam as a Practice: Audiences, Relevancies and Language Games within the Egyptian Parliament -- Chapter 17 Contesting Public Images of 'Abd al-Halim Mahmud (1910-78): Who is an Authentic Scholar? -- Part Three. The Ethnography of History -- Chapter 18 Possessed of Documents: Hybrid Laws and Translated Texts in the Hadhrami Diaspora -- About the Contributors -- Index