Legal Comparability And Cultural Identity PDF Download
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Author | : Joseph E. David |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : |
ISBN | : |
Download Legal Comparability and Cultural Identity Book in PDF, ePub and Kindle
Comparativism is not only a means for political change, but also a heuristic tool for the legal historian within explanatory contexts. The comparability of the Islamic and Jewish legal systems in the medieval period is a typical case for comparative legal history repeatedly mentioned both by legal historiographers and by scholars of religious studies. Our aim is to examine the comparability of these legal systems in the light of modern comparative theories and methodologies: What makes these legal traditions comparable? Is it the theological proximity, the factual transplantations or perhaps the jurists' jurisprudential self-understandings? Our test case will be one of the debated topics in legal philosophy at that time - the legitimacy of legal reasoning in interpreting legal sources and analogizing novel cases to known rulings. Our analysis of the attitudes towards this problem and in relation to theological principles and legal theories in the Islamic and Jewish legal context will revalue the applicability of current comparative theories in a pre-modern and non-western scene.
Author | : Dan Danielsen |
Publisher | : Psychology Press |
Total Pages | : 400 |
Release | : 1995 |
Genre | : Law |
ISBN | : 9780415909976 |
Download After Identity Book in PDF, ePub and Kindle
First Published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.
Author | : Samuel C. Heilman |
Publisher | : Univ of California Press |
Total Pages | : 311 |
Release | : 2024-09-10 |
Genre | : Religion |
ISBN | : 0520974565 |
Download Following Similar Paths Book in PDF, ePub and Kindle
Two academics, one Jewish and one Muslim, come together to show how much their faiths have in common—particularly in America. This book provides a braided portrait of two American groups whose strong religious attachments and powerful commitments to ritual observance are not always easy to adapt to American culture. Orthodox Jews and observant Muslims share many similarities in their efforts to be at home in America while holding on to their practices and beliefs. As Samuel Heilman and Mucahit Bilici reveal, they follow similar paths in their American experience. Heilman and Bilici immerse readers in three layers of discussion for each religious group: historical evolution, sociological transformation, and a comparative understanding of certain parallel beliefs and practices, each of which is used as a window onto the lived reality of these communities. Written by two sociologists, one a religiously observant American Jew and the other an American Muslim, Following Similar Paths offers lively insider and outsider perspectives that deepen our understanding of American diversity and what it means to be religious in a modern society.
Author | : Cosmin Cercel |
Publisher | : Taylor & Francis |
Total Pages | : 375 |
Release | : 2023-12-01 |
Genre | : Law |
ISBN | : 1003812953 |
Download Law, Culture and Identity in Central and Eastern Europe Book in PDF, ePub and Kindle
Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.
Author | : Richard Nobles |
Publisher | : Routledge |
Total Pages | : 372 |
Release | : 2016-04-22 |
Genre | : Law |
ISBN | : 1317107292 |
Download Law, Society and Community Book in PDF, ePub and Kindle
This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).
Author | : Muhammad Iqbal |
Publisher | : Springer Nature |
Total Pages | : 274 |
Release | : 2022-06-16 |
Genre | : Philosophy |
ISBN | : 3030916766 |
Download Arsyad al-Banjari’s Insights on Parallel Reasoning and Dialectic in Law Book in PDF, ePub and Kindle
This book provides an epistemological study of the great Islamic scholar of Banjarese origin, Syeikh Muhammad Arsyad al-Banjari (1710-1812) who contributed to the development of Islam in Indonesia and, in general, Southeast Asia. The work focuses on Arsyad al-Banjari’s dialectical use and understanding of qiyās or correlational inference as a model of parallel reasoning or analogy in Islamic jurisprudence. This constituted the most prominent instrument he applied in his effort of integrating Islamic law into the Banjarese society.This work studies how Arsyad al-Banjari integrates jadal theory or dialectic in Islamic jurisprudence, within his application of qiyās. The author develops a framework for qiyās which acts as the interface between jadal, dialogical logic, and Per Martin-Löf’s Constructive Type Theory (CTT). One of the epistemological results emerging from the present study is that the different forms of qiyās applied by Arsyad al-Banjari represent an innovative and sophisticated form of reasoning. The volume is divided into three parts that discuss the types of qiyās as well their dialectical and argumentative aspects, historical background and context of Banjar, and demonstrates how the theory of qiyās comes quite close to the contemporary model of parallel reasoning for sciences and mathematics developed by Paul Bartha (2010). This volume will be of interest to historians and philosophers in general, and logicians and historians of philosophy in particular.
Author | : Elke Cloots |
Publisher | : |
Total Pages | : 401 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0198733763 |
Download National Identity in EU Law Book in PDF, ePub and Kindle
With a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.
Author | : Enikö Horváth |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 416 |
Release | : 2008-01-01 |
Genre | : Political Science |
ISBN | : 9041126627 |
Download Mandating Identity Book in PDF, ePub and Kindle
Based on the author's thesis (doctoral)--European University Institute, 2006.
Author | : Silvio Ferrari |
Publisher | : Routledge |
Total Pages | : 372 |
Release | : 2019-04-09 |
Genre | : Law |
ISBN | : 1315518953 |
Download Routledge Handbook of Religious Laws Book in PDF, ePub and Kindle
Much has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide. This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamics of belonging and status, and Part IV looks at issues relating to the conclusion of marriage and its dissolution. The fifth and final part discusses how each religion views the legal other. Each part concludes with exploring what we can learn from a comparative examination of the topic that is dealt with in that part. Written by leading experts in the field, this book presents a clear and comprehensive picture of key religious legal systems along with a substantial bibliography. It provides a state of the art overview of scholarship in this area accompanied by a critical evaluation. As such, it will be an invaluable resource for all those concerned with religious legal systems, multiculturalism and comparative law.
Author | : René Provost |
Publisher | : Cambridge University Press |
Total Pages | : 457 |
Release | : 2017-02-02 |
Genre | : Law |
ISBN | : 1316737977 |
Download Culture in the Domains of Law Book in PDF, ePub and Kindle
What does it mean for courts and other legal institutions to be culturally sensitive? What are the institutional implications and consequences of such an aspiration? To what extent is legal discourse capable of accommodating multiple cultural narratives without losing its claim to normative specificity? And how are we to understand meetings of law and culture in the context of formal and informal legal processes, when demands are made to accommodate cultural difference? The encounter of law and culture is a polycentric relation, but these questions draw our attention to law and legal institutions as one site of encounter warranting further investigation, to map out the place of culture in the domains of law by relying on the insights of law, anthropology, politics, and philosophy. Culture in the Domains of Law seeks to examine and answer these questions, resulting in a richer outlook on both law and culture.