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Islamic Natural Law Theories

Anver M. Emon

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579006
eISBN:
9780191722639
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579006.001.0001
Subject:
Law, Philosophy of Law, Legal History

This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of ... More


Narratives of Islamic Legal Theory

Rumee Ahmed

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199640171
eISBN:
9780191738074
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199640171.001.0001
Subject:
Law, Philosophy of Law

In the critical period when Islamic law first developed, a new breed of jurists developed a genre of legal theory treatises to explore how the fundamental moral teachings of Islam might operate as a ... More


The Voluntarist Critique of Hard Natural Law

Anver M. Emon

in Islamic Natural Law Theories

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579006
eISBN:
9780191722639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579006.003.0003
Subject:
Law, Philosophy of Law, Legal History

This chapter provides an analytic overview of the opponents of Hard Natural Law, whose critique was launched from a Voluntarist perspective. Voluntarist jurists considered Shari'a values to be ... More


Soft Natural Law

Anver M. Emon

in Islamic Natural Law Theories

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579006
eISBN:
9780191722639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579006.003.0004
Subject:
Law, Philosophy of Law, Legal History

This chapter explores how Voluntarist jurists, who rejected Hard Natural Law, nonetheless developed their own natural law theory by fusing fact and value, but nonetheless upheld their voluntarist ... More


Conclusion

Anver M. Emon

in Islamic Natural Law Theories

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579006
eISBN:
9780191722639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579006.003.0005
Subject:
Law, Philosophy of Law, Legal History

This concluding chapter summarizes the book by utilizing two ironies. The first irony is that despite the contested theological positions of Hard Natural Law and Soft Natural Law jurists, their ... More


An overview of canon law

John J. Coughlin

in Canon Law: A Comparative Study with Anglo-American Legal Theory

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.003.0002
Subject:
Law, Philosophy of Law

This chapter offers an overview of canon law. It starts by defining what canon law is not. It then traces the historical development of canon law from its origins in the early church to its flowering ... More


On the Idea of Potency: Juridical and Theological Roots of the Western Cultural Tradition

Emanuele Castrucci

Published in print:
2016
Published Online:
January 2018
ISBN:
9781474411844
eISBN:
9781474426770
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474411844.001.0001
Subject:
Law, Philosophy of Law

Does there exist a Logos capable of limiting the very power of God? This question closely relates an inquiry arising in classical Greek philosophy to the theological knowledge originating in Jewish ... More


Surveying the foundations of medical law: a reassessment of Glanville Williams’ The Sanctity of Life and the Criminal Law

John Keown

in The Law and Ethics of Medicine: Essays on the Inviolability of Human Life

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199589555
eISBN:
9780191741036
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589555.003.0002
Subject:
Law, Medical Law

This chapter notes the foundational importance to the discipline of medical law of Glanville Williams’ book The Sanctity of Life and the Criminal Law (1957). It argues that the book’s defects have ... More


Canon Law and Theology

John J. Coughlin

in Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199756773
eISBN:
9780199932177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756773.003.0003
Subject:
Law, Philosophy of Law

This chapter looks at two fundamental questions about the relationship between canon law and theology. The first question concerns the validity of canon law. In light of the fact that Christianity is ... More


Conclusion

John J. Coughlin

in Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199756773
eISBN:
9780199932177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756773.003.0010
Subject:
Law, Philosophy of Law

This chapter begins by summarizing seven principles about the relation between law and theology which have run like leitmotifs through the study. It then discusses the natural and theological ... More


Christian Perspectives

REX AHDAR and IAN LEIGH

in Religious Freedom in the Liberal State

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199253623
eISBN:
9780191719769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253623.003.0002
Subject:
Law, Human Rights and Immigration

This chapter examines various theological, specifically Christian, justifications for religious freedom. The contemporary acceptance of religious freedom owes comparatively little to Christian ... More


Alberico Gentili and the Ottomans

Noel Malcolm

in The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199599875
eISBN:
9780191595813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599875.003.0007
Subject:
Law, Legal History

This chapter offers a nuanced reading of Gentili's stance on the Ottoman empire, linking his doctrine of pre-emptive strikes with his stance on religion and theology and his alleged separation ... More


Understanding Human Dignity

Christopher McCrudden (ed.)

Published in print:
2013
Published Online:
January 2015
ISBN:
9780197265642
eISBN:
9780191760389
Item type:
book
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265642.001.0001
Subject:
Law, Human Rights and Immigration

The concept of human dignity has become central to political philosophy and legal discourse on human rights, but it remains enigmatic. Understanding Human Dignity is a book of original essays by a ... More


Faith, Morals, and Thomas More

John Finnis

in Religion and Public Reasons: Collected Essays Volume V

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580095
eISBN:
9780191729416
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580095.003.0011
Subject:
Law, Philosophy of Law

This chapter details the (moral) reason why Thomas More refused to swear to uphold the statute of 1534 declaring Henry VIII's marriage void, and his reasons for rejecting Luther's and other's revolt ... More


In Pursuit of Human Dignity: An Introduction to Current Debates

Christopher McCrudden

in Understanding Human Dignity

Published in print:
2013
Published Online:
January 2015
ISBN:
9780197265642
eISBN:
9780191760389
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265642.003.0001
Subject:
Law, Human Rights and Immigration

The discussion of human dignity raises such complex issues, and the issues that current scholarship now considers central to its understanding is so daunting that we are in danger of not being able ... More


Human Dignity: Experience and History, Practical Reason and Faith

David Hollenbach

in Understanding Human Dignity

Published in print:
2013
Published Online:
January 2015
ISBN:
9780197265642
eISBN:
9780191760389
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265642.003.0006
Subject:
Law, Human Rights and Immigration

This chapter argues that human dignity can be grounded in historical experiences of the violation and attainment of dignity, and through arguments based on practical (as opposed to theoretical) ... More


Medieval Family and Marriage Law: From Actions of Status to Legal Doctrine

Laurent L J M Waelkens

in The Creation of the Ius Commune: From Casus to Regula

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748638970
eISBN:
9780748651481
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638970.003.0014
Subject:
Law, Legal History

This chapter provides a challenging account of how the medieval scholars created a law reflecting their Judeo-Christian ideas of family and marriage out of Roman legal texts which were founded on ... More


International Law and Religion: Historical and Contemporary Perspectives

Martti Koskenniemi, Mónica García-Salmones Rovira, and Paolo Amorosa (eds)

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198805878
eISBN:
9780191843778
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805878.001.0001
Subject:
Law, Public International Law, Legal History

This book maps out the territory of ‘international law and religion’ challenging receiving traditions in fundamental aspects. On the one hand, the connection of international law and religion has ... More


The Obligation to Heal and Patient Autonomy

Daniel B. Sinclair

in Jewish Biomedical Law: Legal and Extra-Legal Dimensions

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198268277
eISBN:
9780191683480
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268277.003.0004
Subject:
Law, Medical Law

This chapter argues that the obligation to heal in Jewish law is not an absolute one: in certain cases, it is possible to follow the wishes of a patient who does not wish to receive medical ... More


Coercion and Responsibility in Islam: A Study in Ethics and Law

Mairaj U. Syed

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198788775
eISBN:
9780191830846
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198788775.001.0001
Subject:
Law, Philosophy of Law

Coercion and Responsibility in Islam is an exploration of how classical Muslim theologians and jurists belonging to four different intellectual traditions reasoned about the issues coercion raises ... More


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