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Author: Verena Klappstein Publisher: Springer ISBN: 331974271X Category : Law Languages : en Pages : 207
Book Description
The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.
Author: Verena Klappstein Publisher: Springer ISBN: 331974271X Category : Law Languages : en Pages : 207
Book Description
The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.
Author: Felicitas Meta Maria Opwis Publisher: BRILL ISBN: 9004184163 Category : Religion Languages : en Pages : 384
Book Description
Analyzing pre-modern writings on Islamic legal theory, this book comprehensively presents the transformation of the concept of ma la a as a vehicle of legal change from a minor legal principle to being understood as the all-encompassing purpose of God s law.
Author: Michaelle Browers Publisher: Lexington Books ISBN: 9780739105542 Category : Reference Languages : en Pages : 230
Book Description
Over the last two decades we have seen a vast number of books published in the West that treat Islamic fundamentalism as a rising threat to the western values of secularism and democracy. In the last decade scholars began proclaiming an existent or emerging "clash" between East and West, Islam and Christianity, or in the case of Benjamin R. Barber, "Jihad and "McWorld." More recently, some western scholars have offered another interpretation. Focusing on the work of contemporary Muslim intellectuals, these scholars have begun to argue that what we are witnessing, in Islamic contexts, is tantamount to a Reformation. An Islamic Reformation attempts to evaluate this claim through the work of emerging and top scholars in the fields of political science, philosophy, anthropology, religion, history and Middle Eastern studies. The overall goal of this volume is to question the impact of various reformist trends throughout the Middle East. Are we witnessing a growth in fundamentalism or the emergence of an Islamic Reformation? What does religious practice in this region reflect? What is the usefulness of approaching these questions through Christian/Islamic and West/East dichotomies? Unique in its focus and scope, An Islamic Reformation represents an emerging vanguard in the discussion of Islamic religious heritage and practice and its effect on world politics.
Author: Gabriel Hallevy Publisher: Springer Science & Business Media ISBN: 3642137148 Category : Law Languages : en Pages : 216
Book Description
This book is a scientific treatise on the principle of legality in criminal law. It explores the relation between the principle of legality and the general theory of criminal law and contains definite rules emphasized for practitioners as well as academia.
Author: Wael B. Hallaq Publisher: Cambridge University Press ISBN: 9780521599863 Category : Law Languages : en Pages : 308
Book Description
Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.
Author: Mar a Jos Falc N y Tella Publisher: Martinus Nijhoff Publishers ISBN: 9004204164 Category : Political Science Languages : en Pages : 233
Book Description
There is no one definition of case law, but rather a plurality of meanings. In this respect, after an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction.
Author: María José Falcón y Tella Publisher: BRILL ISBN: 904744034X Category : Law Languages : en Pages : 356
Book Description
Equity is a multi-faceted subject, an authentic crossroads of problems. The perspective of this study is, as a result, a mix of focuses, which includes: the philosophy of law, general legal theory, justice theory, the history of law, comparative law, legal dogma, etc. In this book, as in various earlier studies of the author, she uses the "three-dimensional" method, which facilitates a stratified focus in agreement with three levels: facts, norms, and values. The subject of equity has never been analysed as completely as in this work. It includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.
Author: Verena Klappstein
Author: Verena Klappstein
Author: Felicitas Meta Maria Opwis
Author: Michaelle Browers
Author: Alexander Mansfield Burrill
Author: Gabriel Hallevy
Author: Wael B. Hallaq
Author: 
Author: Mar a Jos Falc N y Tella
Author: María José Falcón y Tella
Author: Abbas Amanat