Download or read book The Foundation of Norms in Islamic Jurisprudence and Theology written by Omar Farahat and published by Cambridge University Press. This book was released on 2019-01-31 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new way of understanding classical Islamic theories, holding that divine revelation is necessary for the knowledge of norms and its reading of the issue of reason breaks new ground in Islamic theology, law and ethics. It will appeal to students and scholars of Islamic studies, Islamic ethics, law and post-colonial theory.
Download or read book Development of Muslim Theology Jurisprudence and Constitutional Theory written by Duncan Black Macdonald and published by . This book was released on 1903 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jurisprudence and Theology written by Joseph E. David and published by Springer. This book was released on 2014-09-18 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the ‘Word of God’ – the question of legal reasoning and the problem of knowing and remembering. - How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework? The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework. The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.
Download or read book Law and Theology written by David W. Opderbeck and published by Fortress Press. This book was released on 2019-11-05 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Theology offers the definitive account of the relationship between law and theology in the Christian tradition. Drawing on diverse biblical texts and classic authors from the early church to contemporary voices from the modern period, David W. Opderbeck examines key legal questions and controversial case studies from an interdisciplinary perspective, breaking new ground for legal scholars and theologians alike. As a law professor, practicing attorney, and theologian, Opderbeck writes as an insider from both disciplines. This unique look brings fresh insight for both fields in a context where questions of theology and law are especially relevant--and increasingly urgent. Going beyond the culture wars, Opderbeck brings these real-world cases to life, examining the ins and outs of the most important legal questions facing American civic and religious life. Scholars and students of law and theology will find this book to be required reading in and outside the legal and theological classrooms.
Download or read book Development of Muslim Theology Jurisprudence and Constitutional Theory written by Duncan Black Macdonald and published by . This book was released on 1903 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law as Religion Religion as Law written by David C. Flatto and published by Cambridge University Press. This book was released on 2022-08-25 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.
Download or read book The End of Law written by David McIlroy and published by Edward Elgar Publishing. This book was released on 2019 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The End of Law applies Augustine’s questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is: realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine.
Download or read book Faith and Order written by Harold J. Berman and published by Wm. B. Eerdmans Publishing. This book was released on 2000 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.
Download or read book Islam and Disability written by Mohammed Ghaly and published by Routledge. This book was released on 2009-12-21 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the position of Islamic theology and jurisprudence towards people with disabilities. It seeks to reconcile their existence with the concept of a merciful God, and also looks at how this group might live a dignified and productive life within an Islamic context.
Download or read book Biblical Natural Law written by Matthew Levering and published by Oxford University Press on Demand. This book was released on 2008-03-20 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to natural law theory and a challenge to re-think current biblical scholarship on the topic. Levering establishes the relevance of a biblical worldview to the contemporary pursuit of a moral life and locates his argument in the context of the philosophical development of natural law theory from Cicero to Nietzsche.
Download or read book From Violence to Peace written by Alex Deagon and published by Bloomsbury Publishing. This book was released on 2017-08-24 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to the literature on jurisprudence and theology by arguing for the role of a theoretically robust Christian theology in a legal community dominated by secular and liberal ideology. It is not a doctrinal or empirical analysis, but a theoretical exposition of the way in which modern law has contingently drifted from its theological origins. As a result, the legal system and the ideal of individual and communal relationship it envisages is characterised by antagonism and alienation, or more broadly, violence. The book contends that the way to restore a legal community of peace is to return to a Christian theology which is informed by Trinitarian thinking or the notion of unity in diversity, and reunites faith with reason. Returning reason to its ground in being allows peaceful persuasion by the revelation of God's perfect being through the Trinity and Incarnation, which models and enables the peaceful coexistence of difference through self-sacrificing love. This in turn produces the law of love – to love your neighbour as yourself. Since love does no wrong to a neighbour, a legal community operating by the law of love can fulfil the obligations of law by going beyond merely what is required by law and love individuals as part of a community.
Download or read book Concepts of Law in the Sciences Legal Studies and Theology written by Michael Welker and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume documents the results of an international, interdisciplinary exchange between legal scholars, theologians, scientists, and philosophers. During the course of several years, these thinkers explored analogies and differences between concepts of law in various academic disciplines, probing the sustainability of an interdisciplinary concept of law. While inspired by objectives of the natural law debate, the contributions nonetheless assume that a dialogue between theology and philosophy is not sufficient to forge both a critical and constructive association of "reason and religion." The contributors pursue a concept of law which is viable in multidisciplinary as well as international regard and, while drawing on the goals of the natural law debate, leaves its shortcomings behind. Contributors: Nicolaidis Agyris, Harold J. Berman, Rudiger Bittner, Gregor Etzelmuller, Niels Henrik Gregersen, Jorg Hufner, Wentzel van Huyssteen, Matthias Konradt, Wang Liuer, Patrick Miller, John Polkinghorne, Jeff Schloss, Konrad Schmid, Mathias Schmoeckel, Christoph Strohm, Christiane Tietz, Michael Welker, John Witte, Judy Wornat
Download or read book Lutheran Theology and Secular Law written by Marie A. Failinger and published by Routledge. This book was released on 2018-04-17 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together lawyers and theologians in the U.S. and Europe to reflect on Lutheran understandings of the political use of the law by secular governments. The book furthers the intellectual conversation about how Lutheran insights can be used to develop jurisprudence and specific solutions to legal issues in which there is strong conflict. It presents the basic theological and interpretive assumptions of the Lutheran tradition as they may inform the creation of legislation and judicial interpretation at local, national and international levels. The authors explore Luther’s conception of the foundations of modern secular law and understanding of vocation. The work discusses the application of Lutheran theological principles to contemporary issues such as the war on terror, native land rights, property law, family law, church and state, medical experimentation, and the criminal law of rape, providing ethical insights for lawyers and lawmakers.
Download or read book Tax Law Religion and Justice written by Allen Calhoun and published by Taylor & Francis. This book was released on 2021-03-08 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks why tax policy is both attracted to and repelled by the idea of justice. Accepting the invitation of economist Henry Simons to acknowledge that tax justice is a theological concept, the work explores theological doctrines of taxation to answer the presenting question. The overall message of the book is that taxation is an instrument of justice, but only when taxes take into account multiple goods in society: the requirements of the government, the property rights of society’s members, and the material needs of the poor. It is argued that this answer to the presenting question is a theological and ethical answer in that it derives from the insistence of Christian thinkers that tax policy take into account material human need (necessitas). Without the necessitas component of the tax balance, tax systems end up honoring only one of the three components of the tax equation and cease to reflect a coherent idea of justice. The book will be of interest to academics and researchers working in the areas of tax law, economics, theology, and history.
Download or read book Christianity and Natural Law written by Norman Doe and published by Cambridge University Press. This book was released on 2017-07-20 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares historical and modern natural law ideas across global Christian traditions and explores their use in church law.
Download or read book Natural Law and Laws of Nature in Early Modern Europe written by Michael Stolleis and published by Routledge. This book was released on 2016-04-22 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.
Download or read book The Architecture of Law written by Brian M. McCall and published by University of Notre Dame Pess. This book was released on 2018-05-30 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.
