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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.

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.

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?

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.

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.