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The Foundation of Norms in Islamic Jurisprudence and Theology

The Foundation of Norms in Islamic Jurisprudence and Theology
Author: Omar Farahat
Publisher: Cambridge University Press
Total Pages: 259
Release: 2019-01-31
Genre: History
ISBN: 1108476767
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This book offers a new way of understanding classical Islamic theories, holding that divine revelation is necessary for the knowledge of norms and its reading of the issue of reason breaks new ground in Islamic theology, law and ethics. It will appeal to students and scholars of Islamic studies, Islamic ethics, law and post-colonial theory.

Jurisprudence and Theology

Jurisprudence and Theology
Author: Joseph E. David
Publisher: Springer
Total Pages: 192
Release: 2014-09-18
Genre: Law
ISBN: 331906584X
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The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the ‘Word of God’ – the question of legal reasoning and the problem of knowing and remembering. - How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework? The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework. The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.

The End of Law

The End of Law
Author: David McIlroy
Publisher: Edward Elgar Publishing
Total Pages: 200
Release: 2019
Genre: LAW
ISBN: 1788114000
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The End of Law applies Augustine’s questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is: realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine.

Law and Theology

Law and Theology
Author: David W. Opderbeck
Publisher: Fortress Press
Total Pages: 258
Release: 2019-11-05
Genre: Religion
ISBN: 1506434339
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Law and Theology offers the definitive account of the relationship between law and theology in the Christian tradition. Drawing on diverse biblical texts and classic authors from the early church to contemporary voices from the modern period, David W. Opderbeck examines key legal questions and controversial case studies from an interdisciplinary perspective, breaking new ground for legal scholars and theologians alike. As a law professor, practicing attorney, and theologian, Opderbeck writes as an insider from both disciplines. This unique look brings fresh insight for both fields in a context where questions of theology and law are especially relevant--and increasingly urgent. Going beyond the culture wars, Opderbeck brings these real-world cases to life, examining the ins and outs of the most important legal questions facing American civic and religious life. Scholars and students of law and theology will find this book to be required reading in and outside the legal and theological classrooms.

Christianity and Natural Law

Christianity and Natural Law
Author: Norman Doe
Publisher: Cambridge University Press
Total Pages: 281
Release: 2017-07-20
Genre: Law
ISBN: 1107186447
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This book compares historical and modern natural law ideas across global Christian traditions and explores their use in church law.

Law as Religion, Religion as Law

Law as Religion, Religion as Law
Author: David C. Flatto
Publisher: Cambridge University Press
Total Pages: 403
Release: 2022-08-25
Genre: Law
ISBN: 1108787983
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The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.

Islam and Disability

Islam and Disability
Author: Mohammed Ghaly
Publisher: Routledge
Total Pages: 273
Release: 2009-12-21
Genre: Law
ISBN: 1135229554
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This book explores the position of Islamic theology and jurisprudence towards people with disabilities. It seeks to reconcile their existence with the concept of a merciful God, and also looks at how this group might live a dignified and productive life within an Islamic context.

Concepts of Law in the Sciences, Legal Studies, and Theology

Concepts of Law in the Sciences, Legal Studies, and Theology
Author: Michael Welker
Publisher:
Total Pages: 0
Release: 2013
Genre: Aufsatzsammlung
ISBN: 9783161527425
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This volume documents the results of an international, interdisciplinary exchange between legal scholars, theologians, scientists, and philosophers. During the course of several years, these thinkers explored analogies and differences between concepts of law in various academic disciplines, probing the sustainability of an interdisciplinary concept of law. While inspired by objectives of the natural law debate, the contributions nonetheless assume that a dialogue between theology and philosophy is not sufficient to forge both a critical and constructive association of "reason and religion." The contributors pursue a concept of law which is viable in multidisciplinary as well as international regard and, while drawing on the goals of the natural law debate, leaves its shortcomings behind. Contributors: Nicolaidis Agyris, Harold J. Berman, Rudiger Bittner, Gregor Etzelmuller, Niels Henrik Gregersen, Jorg Hufner, Wentzel van Huyssteen, Matthias Konradt, Wang Liuer, Patrick Miller, John Polkinghorne, Jeff Schloss, Konrad Schmid, Mathias Schmoeckel, Christoph Strohm, Christiane Tietz, Michael Welker, John Witte, Judy Wornat

Tax Law, Religion, and Justice

Tax Law, Religion, and Justice
Author: Allen Calhoun
Publisher: Taylor & Francis
Total Pages: 295
Release: 2021-03-08
Genre: Business & Economics
ISBN: 1000356531
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This book asks why tax policy is both attracted to and repelled by the idea of justice. Accepting the invitation of economist Henry Simons to acknowledge that tax justice is a theological concept, the work explores theological doctrines of taxation to answer the presenting question. The overall message of the book is that taxation is an instrument of justice, but only when taxes take into account multiple goods in society: the requirements of the government, the property rights of society’s members, and the material needs of the poor. It is argued that this answer to the presenting question is a theological and ethical answer in that it derives from the insistence of Christian thinkers that tax policy take into account material human need (necessitas). Without the necessitas component of the tax balance, tax systems end up honoring only one of the three components of the tax equation and cease to reflect a coherent idea of justice. The book will be of interest to academics and researchers working in the areas of tax law, economics, theology, and history.