Disagreements Of The Jurists

Author : al-Qāḍī al-Nuʿmān
Publisher : NYU Press
Page : 336 pages
File Size : 53,6 Mb
Release : 2017-10-03
Category : Law
ISBN : 9781479808076

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Disagreements of the Jurists by al-Qāḍī al-Nuʿmān Pdf

A masterful overview of Islamic law and its diversity Al-Qadi al-Nu'man was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available for the first time in English his major work on Islamic legal theory (usul al-fiqh), which presents a legal model in support of the Fatimid claim to legitimate rule. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shi'i system of hermeneutics. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries and goes on to engage, point by point, with the specific interpretive methods of Sunni legal theory. The text thus preserves important passages from several Islamic legal theoretical works no longer extant, and in the process throws light on a critical stage in the development of Islamic legal theory that would otherwise be lost to history. An English-only edition.

Author : al-Qadi al-Numan,
Publisher : NYU Press
Page : 496 pages
File Size : 55,6 Mb
Release : 2015-01-19
Category : Religion
ISBN : 9780814771426

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Disagreements of the Jurists by al-Qadi al-Numan, Pdf

Al-Qadi al-Nuʿman was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids’ principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shiʿi system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Ismaʿili tradition, the text also preserves several Islamic legal theoretical works no longer extant—including Ibn Dawud’s manual, al-Wusul ila maʿrifat al-usul—and thus throws light on a critical stage in the historical development of Islamic legal theory (usul al-fiqh) that would otherwise be lost to history.

Author : Janine Griffiths-Baker
Publisher : Unknown
Page : 212 pages
File Size : 42,8 Mb
Release : 2002
Category : Conflict of interests
ISBN : 1472559312

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Serving Two Masters by Janine Griffiths-Baker Pdf

Based on extensive interviews with lawyers and their clients, this book provides a thorough consideration of how conflicts of interest are handled within law firms. It should be of use to all those who have an interest in professional legal ethics, including law students and legal scholars.

Author : Taha Jabir Alalwani
Publisher : Unknown
Page : 0 pages
File Size : 45,5 Mb
Release : 2023-12-31
Category : Electronic
ISBN : 9798891930469

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The Ethics of Disagreement in Islam by Taha Jabir Alalwani Pdf

Author : Nathan Feinberg
Publisher : Unknown
Page : 124 pages
File Size : 43,9 Mb
Release : 1970
Category : Arab-Israeli conflict
ISBN : STANFORD:36105119391568

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The Arab-Israel Conflict in International Law by Nathan Feinberg Pdf

7. The refugee question

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 49,9 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 46,9 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : David Powers,Susan Spectorsky,Oussama Arabi
Publisher : BRILL
Page : 606 pages
File Size : 48,5 Mb
Release : 2013-10-09
Category : Law
ISBN : 9789004255883

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Islamic Legal Thought by David Powers,Susan Spectorsky,Oussama Arabi Pdf

In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.

Author : Friedrich K. Juenger
Publisher : Brill Nijhoff
Page : 0 pages
File Size : 45,6 Mb
Release : 2005
Category : Conflict of laws
ISBN : 1571053301

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Choice of Law and Multistate Justice by Friedrich K. Juenger Pdf

Contains "the original text with a set of comments by experts in the field."

Author : Ruhollah Khomeini
Publisher : Alhoda UK
Page : 172 pages
File Size : 55,8 Mb
Release : 2005
Category : Iran
ISBN : 9643354997

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Islamic Government by Ruhollah Khomeini Pdf

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 399 pages
File Size : 51,6 Mb
Release : 2010-05-01
Category : Law
ISBN : 9780674033832

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How Judges Think by Richard A. Posner Pdf

A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Author : Alessandro Capone,Francesca Poggi
Publisher : Springer
Page : 267 pages
File Size : 48,6 Mb
Release : 2016-05-02
Category : Language Arts & Disciplines
ISBN : 9783319303857

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Pragmatics and Law by Alessandro Capone,Francesca Poggi Pdf

This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?

Author : Pierluigi Chiassoni,Bojan Spaić
Publisher : Springer Nature
Page : 204 pages
File Size : 43,5 Mb
Release : 2020-12-11
Category : Law
ISBN : 9783030581862

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Judges and Adjudication in Constitutional Democracies: A View from Legal Realism by Pierluigi Chiassoni,Bojan Spaić Pdf

The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.

Author : Khaled Abou El Fadl,Ahmad Atif Ahmad,Said Fares Hassan
Publisher : Routledge
Page : 450 pages
File Size : 40,9 Mb
Release : 2019-05-10
Category : Religion
ISBN : 9781317622444

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Routledge Handbook of Islamic Law by Khaled Abou El Fadl,Ahmad Atif Ahmad,Said Fares Hassan Pdf

This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.

Author : Lena Salaymeh
Publisher : Cambridge University Press
Page : 257 pages
File Size : 50,6 Mb
Release : 2016-11-14
Category : History
ISBN : 9781107133020

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The Beginnings of Islamic Law by Lena Salaymeh Pdf

This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.