Jurisprudence And Theology

Autor: Joseph E. David
Publisher: Springer
ISBN: 331906584X
File Size: 67,98 MB
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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.

A Treatise Of Legal Philosophy And General Jurisprudence

Autor: Fred D. Miller Jr.
Publisher: Springer
ISBN: 9401798850
File Size: 64,94 MB
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The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise’s historical volumes (following the five theoretical ones) and is dedicated to the philosophers’ philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics (Chapter 14, by Annabel Brett) and an epilogue (by Carrie-Ann Biondi) on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes.

The Oxford Handbook Of Islamic Theology

Autor: Sabine Schmidtke
Publisher: Oxford University Press
ISBN: 0191068799
File Size: 80,91 MB
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Within the field of Islamic Studies, scientific research of Muslim theology is a comparatively young discipline. Much progress has been achieved over the past decades with respect both to discoveries of new materials and to scholarly approaches to the field. The Oxford Handbook of Islamic Theology provides a comprehensive and authoritative survey of the current state of the field. It provides a variegated picture of the state of the art and at the same time suggests new directions for future research. Part One covers the various strands of Islamic theology during the formative and early middle periods, rational as well as scripturalist. To demonstrate the continuous interaction among the various theological strands and its repercussions (during the formative and early middle period and beyond), Part Two offers a number of case studies. These focus on specific theological issues that have developed through the dilemmatic and often polemical interactions between the different theological schools and thinkers. Part Three covers Islamic theology during the later middle and early modern periods. One of the characteristics of this period is the growing amalgamation of theology with philosophy (Peripatetic and Illuminationist) and mysticism. Part Four addresses the impact of political and social developments on theology through a number of case studies: the famous miḥna instituted by al-Ma"mūn (r. 189/813-218/833) as well as the miḥna to which Ibn "Aqīl (d. 769/1367) was subjected; the religious policy of the Almohads; as well as the shifting interpretations throughout history (particularly during Mamluk and Ottoman times) of the relation between Ash"arism and Māturidism that were often motivated by political motives. Part Five considers Islamic theological thought from the end of the early modern and during the modern period.

The Oxford Handbook Of Martin Luther S Theology

Autor: Robert Kolb
Publisher: Oxford University Press (UK)
ISBN: 0199604703
File Size: 66,37 MB
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The 47 essays in this volume, composed by historians and theologians from 15 nations, survey the background, context, content and impact of the thinking of Martin Luther. These authors explore the intellectual traditions which formed his thought, his hermeneutical framework, his teaching on specific topics of biblical doctrine, his social and ethical positions, the ways in which specific genre and interaction with others (both supporters and opponents) formed histheology, and its impact on subsequent centuries and several parts of the twenty-first world. Essays explore the dimensions and implications of Luther's way of thought within its historical contexton the basis of original sources and debates among interpreters of his thinking and his influence on later generations.

A Catalogue Of The Law Collection At New York University

Autor: Julius J. Marke
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1886363919
File Size: 38,18 MB
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Marke, Julius J., Editor. A Catalogue of the Law Collection at New York University With Selected Annotations. New York: The Law Center of New York University, 1953. xxxi, 1372 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-19939. ISBN 1-886363-91-9. Cloth. $195. * Reprint of the massive, well-annotated catalogue compiled by the librarian of the School of Law at New York University. Classifies approximately 15,000 works excluding foreign law, by Sources of the Law, History of Law and its Institutions, Public and Private Law, Comparative Law, Jurisprudence and Philosophy of Law, Political and Economic Theory, Trials, Biography, Law and Literature, Periodicals and Serials and Reference Material. With a thorough subject and author index. This reference volume will be of continuous value to the legal scholar and bibliographer, due not only to the works included but to the authoritative annotations, often citing more than one source. Besterman, A World Bibliography of Bibliographies 3461.

Christianity And Law

Autor: John Witte, Jr.
Publisher: Cambridge University Press
ISBN: 0521874629
File Size: 47,36 MB
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An authoritative introduction to some of the main legal teachings of the Western Christian tradition.

A Treatise Of Legal Philosophy And General Jurisprudence

Autor: Michael Lobban
Publisher: Springer Science & Business Media
ISBN: 9781402049507
File Size: 72,17 MB
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This comprehensive treatment of legal philosophy and general jurisprudence is designed for jurists as well as legal and practical philosophers. The treatise is presented in two sections: The 5-volume Theoretical part (2005) covers topics of contemporary debate; The 6-volume Historical part (2006-2007) traces the development of legal thought from ancient Greece through the twentieth century. This release incorporates Vol. 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics; Vol. 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century; and Vol 8: A History of the Philosophy of Law in the Common Law World, 1600-1900.

Five Legal Revolutions Since The 17th Century

Autor: Jean-Louis Halpérin
Publisher: Springer
ISBN: 3319058886
File Size: 32,51 MB
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This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.