The Anxiety of the Jurist

Legality, Exchange and Judgement

Author: Dr Claudio Michelon,Dr Maksymilian Del Mar

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409474844

Category: Law

Page: 368

View: 2359

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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.
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Seminar

Annual Extraordinary Number of The Jurist

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 2798

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Al-Nawawī

The Jurist of Islam

Author: Rafik Berjak

Publisher: Trafford Publishing

ISBN: N.A

Category: Hadith scholars

Page: 154

View: 8892

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Revered by people, honored by God, al-Nawawi, is a saint, acclaimed scholar and icon Muslim. His life and legacy is inspiring; his biography, a paradox of greatness and humbleness.
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The Jurists

A Critical History

Author: James Gordley

Publisher: OUP Oxford

ISBN: 0191003824

Category: Law

Page: 390

View: 6563

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The 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.
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Disagreements of the Jurists

A Manual of Islamic Legal Theory

Author: al-Qadi al-Numan,

Publisher: NYU Press

ISBN: 0814771424

Category: Religion

Page: 496

View: 4917

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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.
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