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
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 legal system. Seemingly rhetorical and formulaic, these manuals have long been overlooked despite the insights they offer into the early formation of Islamic conceptions of law and its role in social life. This book responds to the prevailing misconceptions about the purpose and form of the Islamic legal treatise by describing how Muslim jurists used the genre of legal theory to argue for individualized, highly creative narratives about the application of Islamic law while demonstrating loyalty to inherited principles and general prohibitions. These narratives are revealed through careful attention to the nuanced way in which legal theorists defined terms and concepts particular to the legal theory genre, and disclose multiple worlds in which Islamic law should ideally function. The text takes the reader into the logic of Islamic legal theory to uncover diverse conceptions of law and legal application in the Islamic tradition, clarifying and making accessible the sometimes obscure legal theories of central figures in the history of Islamic law. The book offers important insights about the ways in which legal philosophy and theology mutually influenced premodern jurists as they formulated their respective visions of law, ethics, and theology.Less
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 legal system. Seemingly rhetorical and formulaic, these manuals have long been overlooked despite the insights they offer into the early formation of Islamic conceptions of law and its role in social life. This book responds to the prevailing misconceptions about the purpose and form of the Islamic legal treatise by describing how Muslim jurists used the genre of legal theory to argue for individualized, highly creative narratives about the application of Islamic law while demonstrating loyalty to inherited principles and general prohibitions. These narratives are revealed through careful attention to the nuanced way in which legal theorists defined terms and concepts particular to the legal theory genre, and disclose multiple worlds in which Islamic law should ideally function. The text takes the reader into the logic of Islamic legal theory to uncover diverse conceptions of law and legal application in the Islamic tradition, clarifying and making accessible the sometimes obscure legal theories of central figures in the history of Islamic law. The book offers important insights about the ways in which legal philosophy and theology mutually influenced premodern jurists as they formulated their respective visions of law, ethics, and theology.
Brian Bix
- Published in print:
- 1995
- Published Online:
- March 2012
- ISBN:
- 9780198260509
- eISBN:
- 9780191682100
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198260509.001.0001
- Subject:
- Law, Philosophy of Law
This book discusses the role of language within law, and the role of philosophy of language in understanding the nature of law. The book argues that the major re-thinking of the common and ‘common ...
More
This book discusses the role of language within law, and the role of philosophy of language in understanding the nature of law. The book argues that the major re-thinking of the common and ‘common sense’ views about law that have been proposed by various recent legal theorists are unnecessary.Less
This book discusses the role of language within law, and the role of philosophy of language in understanding the nature of law. The book argues that the major re-thinking of the common and ‘common sense’ views about law that have been proposed by various recent legal theorists are unnecessary.
Joseph Raz
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562688
- eISBN:
- 9780191705342
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562688.003.0006
- Subject:
- Law, Philosophy of Law
This chapter explores the connection between law and morality. It argues that the denial of necessary connections between law and morality cannot be sustained. However, many of the claims of specific ...
More
This chapter explores the connection between law and morality. It argues that the denial of necessary connections between law and morality cannot be sustained. However, many of the claims of specific necessary connections between law and morality made by legal theorists are mistaken. The chapter contends that while there are necessary connections between morality and how the law is, the more significant necessary connections relate to the evaluative perspective which informs our thinking of how the law ought to be, rather than how it is.Less
This chapter explores the connection between law and morality. It argues that the denial of necessary connections between law and morality cannot be sustained. However, many of the claims of specific necessary connections between law and morality made by legal theorists are mistaken. The chapter contends that while there are necessary connections between morality and how the law is, the more significant necessary connections relate to the evaluative perspective which informs our thinking of how the law ought to be, rather than how it is.
Robert P. George (ed.)
- Published in print:
- 1999
- Published Online:
- March 2012
- ISBN:
- 9780198267904
- eISBN:
- 9780191683404
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198267904.001.0001
- Subject:
- Law, Philosophy of Law
This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an approach to legal theory that continues to ...
More
This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an approach to legal theory that continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as autonomous? Should legal theorists maintain a conceptual separation of law and morality?Less
This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an approach to legal theory that continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as autonomous? Should legal theorists maintain a conceptual separation of law and morality?
Wouter de Been
- Published in print:
- 2008
- Published Online:
- June 2013
- ISBN:
- 9780804756594
- eISBN:
- 9780804787529
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804756594.001.0001
- Subject:
- Law, Philosophy of Law
This book presents a comparison between the legal realists, a group of pragmatic legal theorists from the 1920s and 1930s, and critical legal studies, a movement of postmodern legal theory during the ...
More
This book presents a comparison between the legal realists, a group of pragmatic legal theorists from the 1920s and 1930s, and critical legal studies, a movement of postmodern legal theory during the end of the twentieth century. It argues for a return to legal realism and the classical pragmatism of John Dewey and William James, and for a rejection of the postmodern critique of critical legal studies. The book discusses the two movements with respect to three topics: their view of history, their view of social science, and their view of language. Rejecting the claim that critical legal studies can be seen as the heir of legal realism, it argues that, with respect to each of these three topics, the realists still present a stronger argument than their more radical descendants.Less
This book presents a comparison between the legal realists, a group of pragmatic legal theorists from the 1920s and 1930s, and critical legal studies, a movement of postmodern legal theory during the end of the twentieth century. It argues for a return to legal realism and the classical pragmatism of John Dewey and William James, and for a rejection of the postmodern critique of critical legal studies. The book discusses the two movements with respect to three topics: their view of history, their view of social science, and their view of language. Rejecting the claim that critical legal studies can be seen as the heir of legal realism, it argues that, with respect to each of these three topics, the realists still present a stronger argument than their more radical descendants.
P. S. Atiyah
- Published in print:
- 1990
- Published Online:
- March 2012
- ISBN:
- 9780198254447
- eISBN:
- 9780191681493
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198254447.003.0001
- Subject:
- Law, Law of Obligations
Legal theorists and lawyers tends to ignore the correct definition of the concept of ‘contract’ and assume that there is only one paradigm of contract, with its rules applicable to all cases within ...
More
Legal theorists and lawyers tends to ignore the correct definition of the concept of ‘contract’ and assume that there is only one paradigm of contract, with its rules applicable to all cases within the scope of contract law. However, the chapter contents this notion and argues that there are some very important issues latent in this conception of contract. This chapter provides a comprehensive analysis of the concept of contract law, citing various remarks on contracts, as well as the limitations of such descriptions. Also illustrated in this chapter is an examination on the role of contract law in modern societies.Less
Legal theorists and lawyers tends to ignore the correct definition of the concept of ‘contract’ and assume that there is only one paradigm of contract, with its rules applicable to all cases within the scope of contract law. However, the chapter contents this notion and argues that there are some very important issues latent in this conception of contract. This chapter provides a comprehensive analysis of the concept of contract law, citing various remarks on contracts, as well as the limitations of such descriptions. Also illustrated in this chapter is an examination on the role of contract law in modern societies.
David Lyons
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199662555
- eISBN:
- 9780191754272
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199662555.003.0007
- Subject:
- Philosophy, Political Philosophy, Moral Philosophy
Most philosophical work on civil disobedience assumes that peaceful, conscientious but unlawful protest against unjust law requires moral justification, because of a comprehensive moral obligation to ...
More
Most philosophical work on civil disobedience assumes that peaceful, conscientious but unlawful protest against unjust law requires moral justification, because of a comprehensive moral obligation to obey the law, and that practitioners of civil disobedience agree because they regard the prevailing systems as “reasonably just.” By examining the views of the most respected and articulate practitioners of civil disobedience and the circumstances of their political activities, this paper argues that the assumptions of the literature are seriously mistaken and differ from the views of Henry David Thoreau, Mohandas Gandhi, and Martin Luther King, Jr., who expressed eminently reasonable, radical criticism of their respective societies, dominated as the latter were by, respectively, chattel slavery, brutally oppressive colonial rule, and Jim Crow. The paper ends with reflections on the moral myopia of the civil disobedience literature.Less
Most philosophical work on civil disobedience assumes that peaceful, conscientious but unlawful protest against unjust law requires moral justification, because of a comprehensive moral obligation to obey the law, and that practitioners of civil disobedience agree because they regard the prevailing systems as “reasonably just.” By examining the views of the most respected and articulate practitioners of civil disobedience and the circumstances of their political activities, this paper argues that the assumptions of the literature are seriously mistaken and differ from the views of Henry David Thoreau, Mohandas Gandhi, and Martin Luther King, Jr., who expressed eminently reasonable, radical criticism of their respective societies, dominated as the latter were by, respectively, chattel slavery, brutally oppressive colonial rule, and Jim Crow. The paper ends with reflections on the moral myopia of the civil disobedience literature.
Bruce N. Waller
- Published in print:
- 2011
- Published Online:
- August 2013
- ISBN:
- 9780262016599
- eISBN:
- 9780262298940
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262016599.003.0013
- Subject:
- Philosophy, Moral Philosophy
This chapter presents more arguments that stem from the systemic assumption of moral responsibility in addition to those already discussed in the previous chapters. The elitism argument is also based ...
More
This chapter presents more arguments that stem from the systemic assumption of moral responsibility in addition to those already discussed in the previous chapters. The elitism argument is also based on the assumption that anyone not held morally responsible must be categorized as profoundly flawed and thus excused. Legal theorist and philosopher Michael Moore offers the most impressive version of the elitism argument, which is a part of his argument against the moral legitimacy of feeling sympathy for those who commit criminal acts. Moore further states that those who feel sympathy for the disadvantaged criminal are motivated by an elitist view that the criminal is not worthy of being held to the same moral standards we set for ourselves.Less
This chapter presents more arguments that stem from the systemic assumption of moral responsibility in addition to those already discussed in the previous chapters. The elitism argument is also based on the assumption that anyone not held morally responsible must be categorized as profoundly flawed and thus excused. Legal theorist and philosopher Michael Moore offers the most impressive version of the elitism argument, which is a part of his argument against the moral legitimacy of feeling sympathy for those who commit criminal acts. Moore further states that those who feel sympathy for the disadvantaged criminal are motivated by an elitist view that the criminal is not worthy of being held to the same moral standards we set for ourselves.
Brent Nongbri
- Published in print:
- 2013
- Published Online:
- October 2013
- ISBN:
- 9780300154160
- eISBN:
- 9780300154177
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300154160.001.0001
- Subject:
- Religion, Philosophy of Religion
For much of the past two centuries, religion has been understood as a universal phenomenon, a part of the “natural” human experience that is essentially the same across cultures and throughout ...
More
For much of the past two centuries, religion has been understood as a universal phenomenon, a part of the “natural” human experience that is essentially the same across cultures and throughout history. Individual religions may vary through time and geographically, but there is an element, religion, that is to be found in all cultures during all time periods. Taking apart this assumption, this book shows that the idea of religion as a sphere of life distinct from politics, economics, or science is a recent development in European history—a development that has been projected outward in space and backward in time with the result that religion now appears to be a natural and necessary part of our world. Examining a wide array of ancient writings, the book demonstrates that in antiquity, there was no conceptual arena that could be designated as “religious” as opposed to “secular.” Surveying representative episodes from a two-thousand-year period, while constantly attending to the concrete social, political, and colonial contexts that shaped relevant works of philosophers, legal theorists, missionaries, and others, it offers an account of the emergence of the concept of religion.Less
For much of the past two centuries, religion has been understood as a universal phenomenon, a part of the “natural” human experience that is essentially the same across cultures and throughout history. Individual religions may vary through time and geographically, but there is an element, religion, that is to be found in all cultures during all time periods. Taking apart this assumption, this book shows that the idea of religion as a sphere of life distinct from politics, economics, or science is a recent development in European history—a development that has been projected outward in space and backward in time with the result that religion now appears to be a natural and necessary part of our world. Examining a wide array of ancient writings, the book demonstrates that in antiquity, there was no conceptual arena that could be designated as “religious” as opposed to “secular.” Surveying representative episodes from a two-thousand-year period, while constantly attending to the concrete social, political, and colonial contexts that shaped relevant works of philosophers, legal theorists, missionaries, and others, it offers an account of the emergence of the concept of religion.
