History, Casuistry and Custom in the Legal Thought of Francisco Suárez (1548-1617)

2021 ◽  
Author(s):  
Dominique Bauer ◽  
Randall C.H. Lesaffer
Keyword(s):  
Legal Thought ◽  
Francisco Suarez

Ancient Legal Thought

2019 ◽  
Author(s):  
Larry May
Keyword(s):  
Legal Thought

Ambivalenci Pemikiran Mahmud Syaltut tentang Fikih Perempuan

1970 ◽  
Vol 5 (2) ◽  
pp. 197-214
Author(s):  
Mahmud Arif
Keyword(s):  
Gender Equality ◽  
Gender Bias ◽  
Legal Thought ◽  
Islamic Thought ◽  
Islamic Jurisprudence ◽  
The World

In general, we know about Egypt very well, because of all this time, Egypt, especially Kairo, has been viewed as one of the centers of Islamic thought in the world. Naturally this country had a lot of Islamic thinkers, like Mahmud Syaltut (d. 1963) that has become the Rector of al-Azhar University. The influence of his thought overstepped the bounds of time and political territory. The Islamic jurisprudence is an inseparable legal thought from the fulfillment of social demands. One of the evidences is its’ response to actual issues, like gender equality represented in his opinions about domestical duty, women testimony, girl marriage, and poligamy. As a thinker in the Islamic jurisprudence, Syaltut has endeavored to respond such issues, including gender. As a reformer in the turbulent time, his reflection on such matters expressed critical preference, so frequently looked different from the prevalent opinion. In one side, his reflection was “liberal” because of his bravery in stepping beyond the Islamic orthodoxy and the modernity, but in another side, his thought was “conservative”if it was viewed from his endorsement to the old Islamic thought that reflected a gender bias. This showed the uniqueness and the ambivalence of his thought, so very interesting to being studied.

Theoretical and methodological determinants of the Robert von Mol’s concept of the social state

2020 ◽  
Vol 2020 (1) ◽  
pp. 37-45
Author(s):  
Svetlana Pirozhok
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Social Protection ◽  
The State ◽  
Scientific Article ◽  
Social State ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Social ◽  
The 19Th Century

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.

--------- (The Concept of Justice in the History of Political and Legal Thought)

2014 ◽  
Author(s):  
Lyudmila Evgen'evna Lapteva ◽  
Vladimir Georgievich Grafsky ◽  
V. V. Medvedev ◽  
Mikhail Yur'evich Pakhalov
Keyword(s):  
Legal Thought ◽  
History Of

International Legal Thought

2017 ◽  
Author(s):  
Thomas Kleinlein
Keyword(s):  
International Law ◽  
Historical Analysis ◽  
Critical Potential ◽  
Self Reflection ◽  
Legal Thought ◽  
History Of ◽  
Nineteenth And Twentieth Centuries

This contribution reflects on the role of tradition-building in international law, the implications of the recent ‘turn to history’ and the ‘presentisms’ discernible in the history of international legal thought. It first analyses how international legal thought created its own tradition in the nineteenth and twentieth centuries. These projects of establishing a tradition implied a considerable amount of what historians would reject as ‘presentism’. Remarkably, critical scholars of our day and age who unsettled celebratory histories of international law and unveiled ‘colonial origins’ of international law were also criticized for committing the ‘sin of anachronism’. This contribution therefore examines the basis of this critique and defends ‘presentism’ in international legal thought. However, the ‘paradox of instrumentalism’ remains: The ‘better’ historical analysis becomes, the more it loses its critical potential for current international law. At best, the turn to history activates a potential of disciplinary self-reflection.

Authority by Aggregation and Abstraction

2017 ◽  
Author(s):  
Rebecca Skreslet Hernandez
Keyword(s):  
Pragmatic Theory ◽  
Legal Thought ◽  
Universal Principles ◽  
Legal Literature ◽  
Religious Learning ◽  
The Law ◽  
Substantive Law ◽  
Lasting Influence

In addition to his views on ijtihād and tajdīd, al-Suyūṭī’s lasting influence in Islamic legal thought lies in the area of legal precepts (pithy maxims or questions that sum up areas of the law). Al-Suyūṭī’s al-Ashbāh wa-l-naẓāʾir stands as a core work in this genre of legal literature and is still a popular textbook for students at Egypt’s premier institution of religious learning, al-Azhar. Using the pragmatic theory of Grice and others, I argue that legal precepts fulfill a number of key discursive functions for the jurist. It is with al-Suyūṭī’s Ashbāh that he is most successful in asserting his authority as an aggregator, abstractor, and framer of the law. The power of framing lies in the ability to distill key universal principles from the vast corpus of Islamic substantive law and to assert that these principles represent the essence and spirit of the Sharīʿa.

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