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Law Actual and Perceived: The Sexual Politics of Law in Morocco

Published online by Cambridge University Press:  01 July 2024

Abstract

Theories about law have focused upon: 1) law's integrative function in society, 2) its role in maintaining dominant group ascendancy, and 3) its utilization by subordinate groups as a “jurisprudence of insurgency.” It is argued here that these three functions of law intermingle in distinctive fashion from society to society, in part because of the different perceptions of law that dominant and subordinate groups hold. Vying subgroups have different beliefs about the degree to which law is: 1) manipulable, 2) manipulated, and 3) necessary. Such perceptions must be charted if intrasocietal politics is to be understood. This article traces perceptions of law in one highly inegalitarian relationship in one complex society—male-female relations in Morocco.

Type
Research Article
Copyright
Copyright © 1979 Law and Society Association.

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References

ARNOLD, Thurman (1935) The Symbols of Government. New Haven: Yale University Press.Google Scholar
ALTHUSSER, Louis (1971) “Ideology and State Ideological Apparatuses (Notes toward an Investigation)” in L. Althusser, Lenin and Philosphy and Other Essays. New York and London: Monthy Review Press.Google Scholar
ASAD, Talal (1970) The Kababish Arabs: Power, Authority and Consent in a Nomadic Tribe. New York: Praeger.Google Scholar
COLOMER, André (1964) Droit Musulman: Less Personnes—La Famille. Rabat: Editions la Porte.Google Scholar
COULSON, NOEL and D., HINCHCLIFFE (1978) “Women and Law Reform in Contemporary Islam,” in Beck, L. and Keddie, N. (eds.), Women in the Muslim World. Cambridge: Harvard University Press.Google Scholar
DIAMOND, Stanley (1974) “The Rule of Law Versus the Order of Custom” in S. DIAMOND, In Search of the Primitive: A Critique of Civilization. New Brunswick, New Jersey: Transaction Books.Google Scholar
DURKHEIM, Emile (1947) The Division of Labor in Society. New York: The Free Press.Google Scholar
DWYER, Daisy Hilse (1977) “Bridging the Gap between the Sexes in Moroccan Legal Practice” in Schlegel, A. (ed.), Sexual Stratification: A Cross-Cultural View. New York: Columbia University Press.Google Scholar
DWYER, Daisy Hilse (1978a) Images and Self-Images: Male and Female in Morocco. New York: Columbia University Press.Google Scholar
DWYER, Daisy Hilse (1978b) “Ideologies of Sexual Inequality and Strategies for Change in Male-Female Relations,” 5 American Ethnologist (No. 2) 227.CrossRefGoogle Scholar
LAYISH, Aharon (1975) Women and Islamic Law in a Non-Muslim State: A Study Based on Decisions of the Shari'a Courts in Israel. Jerusalem: Israel Universities Press.Google Scholar
MALINOWSKI, Bronislaw (1926) Crime and Custom in Savage Society. London: Kegan Paul, Trench, Trubner.Google Scholar
MARX, Karl (1960) Capital: A Critique of Political Economy. Translated by S., MOORE and E., AVELING. New York: The Modern Library.Google Scholar
MASSELL, Gregory J. (1968) “Law as an Instrument of Revolutionary Change in Traditional Milieu: The Case of Soviet Central Asia,” 2 Law and Society Review 179.Google Scholar
MASSELL, Gregory J. (1974) The Surrogate Proletariat: Moslem Women and Revolutionary Strategies in Central Asia. Princeton: Princeton University Press.Google Scholar
MERNISSI, Fatima (1975) Beyond the Veil: Male-Female Dynamics in a Modern Muslim Society. Cambridge: Schenkman.Google Scholar
STARR, June and J., POOL (1974) “The Impa Turkey,” 8 Law and Society Review 533.Google Scholar
TIGAR, Michael and M., LEVY (1977) Law and the Rise of Capitalism. New York: Monthly Review Press.Google Scholar
WHITE, Elizabeth H. (1978) “Legal Reform as an Indicator of Women's Status in Muslim Nations” in Beck, L. and Keddie, N. (eds.), Women in the Muslim World. Cambridge: Harvard University Press.Google Scholar