The Jurist
Author:
Publisher:
Published: 1841
Total Pages: 1448
ISBN-13:
DOWNLOAD EBOOKPosts
The Jurist and the Theologian
Author: Mohamed Abdelrahman Eissa
Publisher:
Published: 2017
Total Pages: 364
ISBN-13: 9781463206185
DOWNLOAD EBOOKThis in-depth study examines the relation between legal theory (uṣūl al-fiqh) and speculative theology (ʿīlm al-kalām). It compares the legal theory of four classical jurists who belonged to the same school of law, the Shāfiʿī school, yet followed three different theological traditions. The aim of this comparison is to understand to what extent, and in what way, the theology of each jurist shaped his choices in legal theory.
The Jurists
Author: James Gordley
Publisher: OUP Oxford
Published: 2013-10-03
Total Pages: 2287
ISBN-13: 0191003824
DOWNLOAD EBOOKThe book is an intellectual history of the work of Western jurists from ancient Rome to the present. It discusses the Roman jurists, the medieval civilians and canon lawyers, the late scholastics, the natural law schools of the 17th and 18th centuries, the positivism and conceptualism of the 19th century and its influence on common law, and the reaction against conceptualism since the late 19th century. Rarely have jurists worked alone. Rather, they have worked in schools, each of which pursued a different project. The projects of the jurists had one element in common: they were attempts to understand and explain the law. Commitment to that project defines the work of a jurist and distinguishes it from the work of others who take part in fashioning and applying the law. Yet the project of each school of jurists had goals and methods of its own. By identifying them, this study shows how the jurists themselves understood their work and how these goals and methods shaped and limited what each school could achieve.
Disagreements of the Jurists
Author: al-Qāḍī al-Nuʿmān
Publisher: NYU Press
Published: 2015-01-19
Total Pages: 446
ISBN-13: 0814771424
DOWNLOAD EBOOKA masterful overview of Islamic law and its diversity Al-Qadi al-Nu'man was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids’ principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shi'i system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Isma'ili tradition, the text also preserves several Islamic legal theoretical works no longer extant—including Ibn Dawud’s manual, al-Wusul ila ma'rifat al-usul—and thus throws light on a critical stage in the historical development of Islamic legal theory (usul al-fiqh) that would otherwise be lost to history. A bilingual Arabic-English edition.
The Democratic Sublime
Author: Jason Frank
Publisher: Oxford University Press
Published: 2021-03-15
Total Pages: 281
ISBN-13: 0190658185
DOWNLOAD EBOOKThe transition from royal to popular sovereignty during the age of democratic revolutions--from 1776 to 1848--entailed not only the reorganization of institutions of governance and norms of political legitimacy, but also a dramatic transformation in the iconography and symbolism of political power. The personal and external rule of the king, whose body was the physical locus of political authority, was replaced with the impersonal and immanent self-rule of the people, whose power could not be incontestably embodied. This posed representational difficulties that went beyond questions of institutionalization and law, extending into the aesthetic realm of visualization, composition, and form. How to make the people's sovereign will tangible to popular judgment was, and is, a crucial problem of democratic political aesthetics. The Democratic Sublime offers an interdisciplinary exploration of how the revolutionary proliferation of popular assemblies--crowds, demonstrations, gatherings of the "people out of doors"--came to be central to the political aesthetics of democracy during the age of democratic revolutions. Jason Frank argues that popular assemblies allowed the people to manifest as a collective actor capable of enacting dramatic political reforms and change. Moreover, Frank asserts that popular assemblies became privileged sites of democratic representation as they claimed to support the voice of the people while also signaling the material plenitude beyond any single representational claim. Popular assemblies continue to retain this power, in part, because they embody that which escapes representational capture: they disrupt the representational space of appearance and draw their power from the ineffability and resistant materiality of the people's will. Engaging with a wide range of sources, from canonical political theorists (Rousseau, Burke, and Tocqueville) to the novels of Hugo, the visual culture of the barricades, and the memoirs of popular insurgents, The Democratic Sublime demonstrates how making the people's sovereign will tangible to popular judgment became a central dilemma of modern democracy, and how it remains so today.
Islamic Legal Thought
Author: David Powers
Publisher: BRILL
Published: 2013-10-09
Total Pages: 606
ISBN-13: 9004255885
DOWNLOAD EBOOKIn Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.
Jurist in Context
Author: William Twining
Publisher: Cambridge University Press
Published: 2019-02-14
Total Pages: 415
ISBN-13: 1108480977
DOWNLOAD EBOOKA leading English jurist reflects on the development of his thoughts and writings in legal theory over sixty years.
Renmin Chinese Law Review
Author: Jichun Shi
Publisher: Edward Elgar Publishing
Published: 2015-05-29
Total Pages: 386
ISBN-13: 1784715816
DOWNLOAD EBOOKRenmin Chinese Law Review, Volume 3 is the third work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognized scholars from China, offering a window on current legal research in China. This book reflects t
