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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


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


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


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


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


Stasiology: Political Theology and the Figure of the Sacrificial Enemy

Banu Bargu

in After Secular Law

Published in print:
2011
Published Online:
June 2013
ISBN:
9780804775366
eISBN:
9780804780704
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804775366.003.0008
Subject:
Law, Legal History

This chapter analyzes three permutations in Carl Schmitt's usage of the term “political theology.” First, it represents a “static structural homology” in which the political and theological are seen ... More


Against Sovereign Impunity: The Political Theology of the International Criminal Court

Bruce Rosenstock

in After Secular Law

Published in print:
2011
Published Online:
June 2013
ISBN:
9780804775366
eISBN:
9780804780704
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804775366.003.0009
Subject:
Law, Legal History

This chapter construes the recently established International Criminal Court as the “sovereignty-less conscience of humanity.” It argues that the ICC is amenable to analysis in terms of political ... More


Whose Justice? What Political Theology?: On Christian and Theological Approaches to Human Rights in the Twentieth and Twenty-first Centuries

Pamela Slotte

in International Law and Religion: Historical and Contemporary Perspectives

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198805878
eISBN:
9780191843778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805878.003.0010
Subject:
Law, Public International Law, Legal History

This chapter contributes to scholarship that has suggested that a good deal of twentieth-century internationalism was faith-based, even if this remained tacit. It offers insights into religious ... More


The Religion/Secularism Debate in Human Rights Literature: Constitutive Tensions between Christian, Islamic, and Secular Perspectives

John Haskell

in International Law and Religion: Historical and Contemporary Perspectives

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198805878
eISBN:
9780191843778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805878.003.0007
Subject:
Law, Public International Law, Legal History

The tension between religion and secularism within the field of human rights is a popular topic in contemporary international legal scholarship. In the first section of the chapter, I map the ... More


Religion and Empire Carl Schmitt’s Katechon between International Relations and the Philosophy of History

Michele Nicoletti

in International Law and Religion: Historical and Contemporary Perspectives

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198805878
eISBN:
9780191843778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805878.003.0016
Subject:
Law, Public International Law, Legal History

Carl Schmitt’s thought on international relations appears from the outset to be profoundly informed by his reflections on the philosophy of history. In this the German jurist seems to be fully ... More


The Last Scholastic on Money: Gabriel Biel’s Monetary Theory

Stefan Kötz

in Money in the Western Legal Tradition: Middle Ages to Bretton Woods

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198704744
eISBN:
9780191774041
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198704744.003.0005
Subject:
Law, Legal History

This chapter analyses the monetary theory of Gabriel Biel, professor of theology at the university of Tübingen at the end of the fifteenth century. Biel’s monetary deliberations form an integral part ... More


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