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The Dialectical Forge - Juridical Disputation and the Evolution of Islamic Law (Hardcover, 1st ed. 2017)
Loot Price: R3,647
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The Dialectical Forge - Juridical Disputation and the Evolution of Islamic Law (Hardcover, 1st ed. 2017)
Series: Logic, Argumentation & Reasoning, 9
Expected to ship within 10 - 15 working days
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The Dialectical Forge identifies dialectical disputation (jadal) as
a primary formative dynamic in the evolution of pre-modern Islamic
legal systems, promoting dialectic from relative obscurity to a
more appropriate position at the forefront of Islamic legal
studies. The author introduces and develops a dialectics-based
analytical method for the study of pre-modern Islamic legal
argumentation, examines parallels and divergences between
Aristotelian dialectic and early juridical jadal-theory, and
proposes a multi-component paradigm-the Dialectical Forge Model-to
account for the power of jadal in shaping Islamic law and legal
theory.In addition to overviews of current evolutionary narratives
for Islamic legal theory and dialectic, and expositions on key
texts, this work shines an analytical light upon the considerably
sophisticated "proto-system" of juridical dialectical teaching and
practice evident in Islam's second century, several generations
before the first "full-system" treatises of legal and dialectical
theory were composed. This proto-system is revealed from analyses
of dialectical sequences in the 2nd/8th century Kitab Ikhtilaf
al-'Iraqiyyin / 'Iraqiyyayn (the "subject-text") through a lens
molded from 5th/11th century jadal-theory treatises (the
"lens-texts"). Specific features thus uncovered inform the
elaboration of a Dialectical Forge Model, whose more general
components and functions are explored in closing chapters.
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