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Author | : Walter Edward Young |
Publisher | : Springer |
Total Pages | : 651 |
Release | : 2016-12-13 |
Genre | : Philosophy |
ISBN | : 3319255223 |
Download The Dialectical Forge Book in PDF, ePub and Kindle
The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn (the “subject-text”) through a lens molded from 5th/11th century jadal-theory treatises (the “lens-texts”). Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters.
Author | : Young |
Publisher | : |
Total Pages | : |
Release | : 2017 |
Genre | : Electronic book |
ISBN | : |
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Author | : Elias G. Saba |
Publisher | : Walter de Gruyter GmbH & Co KG |
Total Pages | : 283 |
Release | : 2019-10-08 |
Genre | : Law |
ISBN | : 3110604396 |
Download Harmonizing Similarities Book in PDF, ePub and Kindle
"Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law. This monograph has been awarded the annual BRAIS – De Gruyter Prize in the Study of Islam and the Muslim World.
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 | : Shahid Rahman |
Publisher | : Springer Nature |
Total Pages | : 432 |
Release | : 2021-12-16 |
Genre | : Philosophy |
ISBN | : 3030700844 |
Download New Developments in Legal Reasoning and Logic Book in PDF, ePub and Kindle
This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.
Author | : Shahid Rahman |
Publisher | : Springer Nature |
Total Pages | : 285 |
Release | : 2020-01-13 |
Genre | : Philosophy |
ISBN | : 3030223825 |
Download Inferences by Parallel Reasoning in Islamic Jurisprudence Book in PDF, ePub and Kindle
This monograph proposes a new (dialogical) way of studying the different forms of correlational inference, known in the Islamic jurisprudence as qiyās. According to the authors’ view, qiyās represents an innovative and sophisticated form of dialectical reasoning that not only provides new epistemological insights into legal argumentation in general (including legal reasoning in Common and Civil Law) but also furnishes a fine-grained pattern for parallel reasoning which can be deployed in a wide range of problem-solving contexts and does not seem to reduce to the standard forms of analogical reasoning studied in contemporary philosophy of science and argumentation theory. After an overview of the emergence of qiyās and of the work of al-Shīrāzī penned by Soufi Youcef, the authors discuss al-Shīrāzī’s classification of correlational inferences of the occasioning factor (qiyās al-'illa). The second part of the volume deliberates on the system of correlational inferences by indication and resemblance (qiyās al-dalāla, qiyās al-shabah). The third part develops the main theoretical background of the authors’ work, namely, the dialogical approach to Martin-Löf's Constructive Type Theory. The authors present this in a general form and independently of adaptations deployed in parts I and II. Part III also includes an appendix on the relevant notions of Constructive Type Theory, which has been extracted from an overview written by Ansten Klev. The book concludes with some brief remarks on contemporary approaches to analogy in Common and Civil Law and also to parallel reasoning in general.
Author | : Mohammad Syifa Amin Widigdo, John P. Bartkowski, Gabriel A. Acevedo, Gulcimen Karakeci, Favor Campbell |
Publisher | : International Institute of Islamic Thought (IIIT) |
Total Pages | : 120 |
Release | : 2018-10-01 |
Genre | : |
ISBN | : |
Download American Journal of Islamic Social Sciences 35:4 Book in PDF, ePub and Kindle
The 35:4 AJISS issue opens with an editorial that draws attention to the plight of the Uyghur Muslims of East Turkestan facing sustained Chinese government persecution. The issue then features two main articles. The first article, by Dr. Mohammad Syifa Amin Widigdo, argues that the Aristotelian dialectic was adopted within medieval Islamic theology and law and Christian scholasticism toward distinctive purposes: the Greeks aimed to defeat an opponent by showing logical contradictions, Christian scholastics searched for the truth by bringing out the preexisting truth in the mind of the teacher, and Muslim dialecticians employed it to arrive at a level of certainty in knowledge in both epistemological and psychological senses. The second article reports multi-author empirical research by Drs. Bartkowski, Acevedo, Karakeci, and Campbell on the analysis of data extracted from the World Values Survey. It investigates early twenty-first century religious influences on Turkish Muslim women’s attitudes toward gender inequality, hypothesizing that religious devotion among Muslim women in Turkey is associated with greater support for gender inequality across the institutional domains of family. Finally, following the book reviews, the issue includes an extensive and erudite response by Professor Sherman Jackson to some crucial and timely issues raised by Professor Kecia Ali, who has argued that Muslim male scholars often omit, overlook, undervalue, or dismiss the scholarly views and interventions of female scholars. Jackson’s response is thoughtful, engaging, and respectful, even if it refuses to grant the premise of Ali’s argument.
Author | : Ehud Krinis |
Publisher | : Walter de Gruyter GmbH & Co KG |
Total Pages | : 417 |
Release | : 2021-10-25 |
Genre | : Religion |
ISBN | : 3110702320 |
Download Polemical and Exegetical Polarities in Medieval Jewish Cultures Book in PDF, ePub and Kindle
In his academic career, that by now spans six decades, Daniel J. Lasker distinguished himself by the wide range of his scholarly interests. In the field of Jewish theology and philosophy he contributed significantly to the study of Rabbinic as well as Karaite authors. In the field of Jewish polemics his studies explore Judeo-Arabic and Hebrew texts, analyzing them in the context of their Christian and Muslim backgrounds. His contributions refer to a wide variety of authors who lived from the 9th century to the 18th century and beyond, in the Muslim East, in Muslin and Christian parts of the Mediterranean Sea, and in west and east Europe. This Festschrift for Daniel J. Lasker consists of four parts. The first highlights his academic career and scholarly achievements. In the three other parts, colleagues and students of Daniel J. Lasker offer their own findings and insights in topics strongly connected to his studies, namely, intersections of Jewish theology and Biblical exegesis with the Islamic and Christian cultures, as well as Jewish-Muslim and Jewish-Christian relations. Thus, this wide-scoped and rich volume offers significant contributions to a variety of topics in Jewish Studies.
Author | : Christian Plantin |
Publisher | : Springer Nature |
Total Pages | : 208 |
Release | : 2022-11-16 |
Genre | : Social Science |
ISBN | : 3031193210 |
Download Argumentation Through Languages and Cultures Book in PDF, ePub and Kindle
This book examines argumentative situations as they develop in different cultures and language groups. It considers the development of argumentation studies, making greater allowance for the specificities of argument as developed by “non-mainstream cultures”; the contribution of Jainism to the framework of philosophical disputation in India; duel songs as an institutionalized argumentative genre practiced by Ammassalik culture within the Inuit community; the application of the Muslim theological-legal reasoning system to evaluate two traditional, pre-Muslim traditional practices in Borneo; the annotation of schemes on the basis of Walton’s taxonomy of argument schemes and Wagemans’ Periodic Table of Arguments; methodology proposed for the reconstruction and analysis of “double-mode” arguments in advertisements, combining the instruments developed in social semiotics, pragmatics, and argumentation theory; and a review of the argumentation-theoretical literature on metaphor in argumentative discourse. This book is of interest to students and researchers in argumentation studies, rhetoric, philosophy, cultural studies and language studies. Previously published in Argumentation Volume 35, issue 1, March 2021 Chapters "Annotating Argument Schemes" and "The Study of Metaphor in Argumentation Theory" are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Author | : Joseph S. Catalano |
Publisher | : Cambridge University Press |
Total Pages | : 231 |
Release | : 2010-05-31 |
Genre | : Literary Criticism |
ISBN | : 0521152275 |
Download Reading Sartre Book in PDF, ePub and Kindle
Joseph Catalano offers an in-depth exploration of Jean-Paul Sartre's four major philosophical writings.