Author: Publisher:
ISBN:
Category : Canon law
Languages : en
Pages : 544
Book Description
The Jurist
Author: The Jurist and the Theologian
Author: Mohamed Abdelrahman EissaPublisher:
ISBN: 9781463206185
Category : History
Languages : en
Pages : 364
Book Description
This 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.
Disagreements of the Jurists
Author: al-Qadi al-Numan,Publisher: NYU Press
ISBN: 0814771424
Category : Religion
Languages : en
Pages : 496
Book Description
Al-Qadi al-Nuʿman 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 Shiʿi 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 Ismaʿili tradition, the text also preserves several Islamic legal theoretical works no longer extant—including Ibn Dawud’s manual, al-Wusul ila maʿrifat 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.
The Democratic Sublime
Author: Jason FrankPublisher: Oxford University Press
ISBN: 0190658185
Category : Political Science
Languages : en
Pages : 281
Book Description
The 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.
Elbert Parr Tuttle
Author: Anne EmanuelPublisher: University of Georgia Press
ISBN: 0820341797
Category : Biography & Autobiography
Languages : en
Pages : 441
Book Description
This is the first—and the only authorized—biography of Elbert Parr Tuttle (1897–1996), the judge who led the federal court with jurisdiction over most of the Deep South through the most tumultuous years of the civil rights revolution. By the time Tuttle became chief judge of the United States Court of Appeals for the Fifth Circuit, he had already led an exceptional life. He had cofounded a prestigious law firm, earned a Purple Heart in the battle for Okinawa in World War II, and led Republican Party efforts in the early 1950s to establish a viable presence in the South. But it was the intersection of Tuttle’s judicial career with the civil rights movement that thrust him onto history’s stage. When Tuttle assumed the mantle of chief judge in 1960, six years had passed since Brown v. Board of Education had been decided but little had changed for black southerners. In landmark cases relating to voter registration, school desegregation, access to public transportation, and other basic civil liberties, Tuttle’s determination to render justice and his swift, decisive rulings neutralized the delaying tactics of diehard segregationists—including voter registrars, school board members, and governors—who were determined to preserve Jim Crow laws throughout the South. Author Anne Emanuel maintains that without the support of the federal courts of the Fifth Circuit, the promise of Brown might have gone unrealized. Moreover, without the leadership of Elbert Tuttle and the moral authority he commanded, the courts of the Fifth Circuit might not have met the challenge.
The Anxiety of the Jurist
Author: Dr Claudio MichelonPublisher: Ashgate Publishing, Ltd.
ISBN: 1409474844
Category : Law
Languages : en
Pages : 510
Book Description
The contributions in this volume pay homage to Zenon Bańkowski, with a focus on problems concerning law’s normalization and the revitalizing force of anxiety. Ranging from political critique to methodological issues and from the role of human rights in development to the role of parables and analogy in legal reasoning, the contributions themselves are testament to the richness of Bańkowski’s scholarship, as well as to the applicability of his core ideas to a wide range of issues. Divided into five parts, the book focuses on the role and methods of the jurist; conceptions of legality and the experience of living under rules; jurisprudential issues affecting exchange and the market; and the burden and methods of legal judgement. It also includes Bańkowski’s 2011 valedictory lecture and a bibliography of his work. Comprising all original contributions, the contributors represent a balance of established, leading figures and younger, emerging scholars in the field of legal and social theory.
Jurist in Context
Author: William TwiningPublisher: Cambridge University Press
ISBN: 1108480977
Category : Biography & Autobiography
Languages : en
Pages : 415
Book Description
A leading English jurist reflects on the development of his thoughts and writings in legal theory over sixty years.
The Jurists
Author: James GordleyPublisher: Oxford University Press
ISBN: 0199689393
Category : Law
Languages : en
Pages : 333
Book Description
Current Western law has been shaped by the work of successive schools of jurists throughout the ages. From ancient Rome to the present, this book describes their work in their historical context and their influence on later schools.
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