This volume addresses the structural interrelations of Islamic theoretical and practical legal reasoning, based on an analysis of six works of Islamic jurisprudence by authors who lived in Uzbekistan, Iraq, Syria, Palestine, Egypt, and Algeria between 970 and 1600 CE.

The academic fields of religion and values have become the focus of renewed interest in contemporary thinking about human activity and its motivations. The Routledge International Handbook of Education, Religion and Values explores and expands upon a range of international research related to this revival. The book provides an authoritative overview of global issues in religion and values, surveying the state of the academic area in contributions covering a wide range of topics. It includes emerging, controversial, and cutting-edge contributions, as well as investigations into more established areas. International authorities Arthur and Lovat have brought together experts from across the world to examine the complexity of the field of study. The handbook is organised around four key topics, which focus on both the importance of religion and values as broad fields of human enquiry, as well as in their application to education, inter-agency work and cross-cultural endeavours: -The Conceptual World of Religion and Values -Religion and Values in Education -Religion and Values in Inter-agency Work -Religion and Values in Cross-cultural Work. This comprehensive reference work combines theoretical and empirical research of international significance, and will be valuable reading for students, researchers and academics in the field of education.

The book was initially a dissertation had been pertained in front of the Senate of Universitas Diponegoro, on June 4, 2003. As clued by the title, it was aimed to explore and describe the legal thought fl ourished in Indonesia in the era of 1945-1990-s. It was focused on the development of legal thought, conducted through collection, inquiry, and inventory of various sources. The inquiry and inventory were deliberately determined within the framework of historical approach, meaning to put the thoughts in the context of space and time. By this perspective, the sources of the theory of law was utilized, both the general and special ones, related to any particular theories or respective period to fi gure out taxonomically those thoughts. By those considerations, the inventory was divided into three period categories: First, period of 1945 to 1960-s, represented by Prof. Dr. Mr. Soepomo and Prof. Dr. Mr. Soekanto; Second. period of 1960 to 1970, represented by Prof. Mr. Djokosutono, Prof. Mr. Hazairin, Prof. Mr. Djojodigoeno dan Prof. Mr. Soediman Kartohadiprodjo: Third, , period of 1970 to 1990-s, represented by Prof. Dr. Satjipto Rahardjo, SH, Prof. Dr. Mochtar Kusumaatmadja, SH, Prof. Dr. Sunaryati Hartono SH dan Prof. Dr. Mohammad Koesnoe, SH.

Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.

A comprehensive guide to Islamic legal scholarship, this Handbook offers a direct and accessible introduction to Islamic law and the academic debates within the field. Topics include textual sources and authority, institutions, substantive legal areas, Islamic legal philosophy, and Islamic law in the Muslim World and in Muslim minority countries.

I.B. Tauris in association with the Institute of Ismaili Studies How has the Ismaili branch of Shi'i Islam interacted with other Islamic communities throughout history? The groups and movements that make up Islamic civilisation are diverse and varied yet, while scholarship has analysed many branches of Islam in isolation, the exchanges and mutual influences between them has not been sufficiently recognised. This book traces the interactions between Ismaili intellectual thought and the philosophies of other Islamic groups to shed light on the complex and interwoven nature of Islamic civilisation. Based on a broad range of primary sources from the early medieval to the late nineteenth century, the book brings together different disciplines within Islamic Studies to cover polemical and doctrinal literature, law, mysticism, rituals and philosophy. The main Ismaili groups, such as the Fatimids, Nizaris and Tayyibis, are represented, as well as lesser known traditions such as that associated with the mountain region of Badakhshan in Central Asia. Religious syncretism, particularly in the Indian subcontinent and in Yemen, is considered alongside cultural interactions as reflected in the circulation of books in Fatimid markets, and various literary and mythical traditions, some still little explored. The chapters include contributions from leading experts in the field shed new light on the close and complex relationships very different Islamic groups and movements have enjoyed throughout the centuries.

"THE LAW-SCIENCE CHASM" is a socio-legal study that takes seriously the varying approaches to science that physicians and scientists use, as compared to legal actors such as judges and lawyers. Offering a way to mediate and translate their different perspectives and assumptions, Gilson uses sociological and philosophical methodologies to explain each discipline to the other. "Gilson's book takes seriously the idea of the autopoietic closure of society's communicative subsystems and works out the consequences in particular for science and law. This analysis both lends support to the credibility of the approach adopted and sheds light on the problems and the direction in which potential solutions might lie.... The book consequently makes an important contribution not only to the literature dealing with the relationship between science and law but also to the literature dealing with the application of autopoietic systems theory to tangible concerns. This book is therefore of clear significance to those continuing to wrestle with the challenges thrown up by science for law and policy even when the spotlight of public attention is directed elsewhere." -- JOHN PATERSON, Professor of Law, University of Aberdeen (from the Foreword) Part of the new "Dissertation Series" from Quid Pro Books.

This monograph develops an extensively fresh approach for interpreting logical philosophy as a way to understand the universal unity of thinking and being (Fichte and Hegel) and interpreting the meaning of its harmony (Dostoevsky). The book offers a starting, easy-to-read overview of the essence and meaning of the universal unity of thought and being, as a core concept of the classical philosophy—from the teachings of Parmenides to those of the early Christian Fathers—and the philosophy of law, that tries to demonstrate how this universal unity, which is the foundation of the absolute harmony of existence, manifests in itself the certainty of law and legal awareness. Gradually, it proceeds to introduce increasingly difficult aspects of the German philosophy of 18th–19th centuries by presenting a synthesis of the logical form of philosophy until landing in metaphysics of law, as well as major long-term issues of modern jurisprudence. The authors present a specialized knowledge about law as a complex and multidimensional notion; they discuss the problem of monism-dualism, look at the law-morality, law-religion dualisms and at the concept of the Absolute in law. Their approach is aimed to develop theoretical and methodological premises of a modern, comprehensive theory of law based on an updated notion of freedom in law. This paper synthesizes the results that this trio of researchers, regarded as experts by the Russian scientific community, has achieved after many years of systematic studies of philosophy of law. It is addressed to specialists in the field of theory and philosophy of law, university tutors, post-graduate students, graduate students, legal experts and to everyone who is interested in improving their knowledge of history of philosophy and legal thought as well as exploring Dostoevsky’s ideas from an unusual perspective.

This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.

This book invites newcomers to analytical legal philosophy to reconsider the terms in which they are accustomed to describing and defending their jurisprudential allegiances. It argues that familiar taxonomic labels such as legal positivism, natural law theory and legal interpretivism are poor guides to the actual diversity of views on the nature and normativity of law, mainly because they fail to carve up the reality of jurisprudential disagreement at its joints. These joints, the author suggests, are elusive because the semantics of law systematically misplaces them. Their true nature resides in the metaontological and metanormative features that dictate or indicate the target of a theory's jurisprudential commitments. The book advocates a new vocabulary for articulating these commitments without eliminating the use of familiar criteria of division among competing theories of law. The resulting picture is a much broader platform of meaningful disagreement about the nature and grounds of legal truth and legal normativity. Albeit based on a factualist-cognitivist understanding of the sources and grounds of law, the book reserves ample room for the unconvinced. Those suspicious of the project of “ontologising” theoretical disagreements in law can avail themselves of the quietist or anti-metaphysical avenue that the book's alternative taxonomy also makes available. The humblest path to law's reality may not be metaphysically ambitious after all.