Legal Epistemology: The Anomaly of Affirmative Defenses

While Ibn ʿArabī (d. 638/1240) continues to receive much attention within the academe as a preeminent Sufi philosopher, his jurisprudence, by contrast, rarely elicits the same attention, despite the prominent mention of the Sharīʿa throughout his many works. This paper provides an exhaustive overview of his sophisticated legal doctrine in terms of his legal methodology and substantive law. An analysis of his legal epistemology would situate him within the ‘scripturalist’ stream of legal theorists, commonly associated with the Zāhiri school. However, while Ibn Ḥazm (d. 456/1064) certainly influenced Ibn ʿArabī’s legal doctrine, the Shaykh’s jurisprudence remains markedly original in that it is ultimately rooted in an overarching metaphysical doctrine. This is evident in his personal reframing of ijtihād as a personal process of spiritual refinement, as opposed to a methodical process of ratiocination, which leads him to develop a distinctively personalist theory of legal pluralism that transcends the limitations of school conformity.

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Communication of Legal Epistemology Applied to Law

Advances in Intelligent Systems and Computing - Advances in Physical, Social & Occupational Ergonomics ◽

10.1007/978-3-030-51549-2_58 ◽

2020 ◽

pp. 445-449

Author(s):

Manuel Angulo ◽

Ana Tapia ◽

Janeth Ruiz ◽

Yonaiker Navas ◽

Milton González ◽

...

Keyword(s):

Legal Epistemology

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An Accounting Liability Heuristic

Journal of Business Case Studies (JBCS) ◽

10.19030/jbcs.v11i4.9447 ◽

2015 ◽

Vol 11 (4) ◽

pp. 189-224

Author(s):

Timothy B. Lewis ◽

Jeffrey N. Barnes

Keyword(s):

Legal Liability ◽

Thought Processes ◽

Affirmative Defenses

This article traces the thought processes involved in understanding and managing accountants’ legal liability which is sometimes broadly called “professional malpractice.” The cumulative nature of potential liability is demonstrated. The various legal theories of liability are discussed along with the most prominent potential affirmative defenses against liability. Unique to this paper is the decision heuristic providing a framework for assessing potential accountants’ legal liability. This discussion is useful for both student and practitioner.

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