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This monograph proposes a new (dialogical) way of studying the
different forms of correlational inference, known in the Islamic
jurisprudence as qiyas. According to the authors' view, qiyas
represents an innovative and sophisticated form of dialectical
reasoning that not only provides new epistemological insights into
legal argumentation in general (including legal reasoning in Common
and Civil Law) but also furnishes a fine-grained pattern for
parallel reasoning which can be deployed in a wide range of
problem-solving contexts and does not seem to reduce to the
standard forms of analogical reasoning studied in contemporary
philosophy of science and argumentation theory. After an overview
of the emergence of qiyas and of the work of al-Shirazi penned by
Soufi Youcef, the authors discuss al-Shirazi's classification of
correlational inferences of the occasioning factor (qiyas
al-'illa). The second part of the volume deliberates on the system
of correlational inferences by indication and resemblance (qiyas
al-dalala, qiyas al-shabah). The third part develops the main
theoretical background of the authors' work, namely, the dialogical
approach to Martin-Loef's Constructive Type Theory. The authors
present this in a general form and independently of adaptations
deployed in parts I and II. Part III also includes an appendix on
the relevant notions of Constructive Type Theory, which has been
extracted from an overview written by Ansten Klev. The book
concludes with some brief remarks on contemporary approaches to
analogy in Common and Civil Law and also to parallel reasoning in
general.
This monograph proposes a new (dialogical) way of studying the
different forms of correlational inference, known in the Islamic
jurisprudence as qiyas. According to the authors' view, qiyas
represents an innovative and sophisticated form of dialectical
reasoning that not only provides new epistemological insights into
legal argumentation in general (including legal reasoning in Common
and Civil Law) but also furnishes a fine-grained pattern for
parallel reasoning which can be deployed in a wide range of
problem-solving contexts and does not seem to reduce to the
standard forms of analogical reasoning studied in contemporary
philosophy of science and argumentation theory. After an overview
of the emergence of qiyas and of the work of al-Shirazi penned by
Soufi Youcef, the authors discuss al-Shirazi's classification of
correlational inferences of the occasioning factor (qiyas
al-'illa). The second part of the volume deliberates on the system
of correlational inferences by indication and resemblance (qiyas
al-dalala, qiyas al-shabah). The third part develops the main
theoretical background of the authors' work, namely, the dialogical
approach to Martin-Loef's Constructive Type Theory. The authors
present this in a general form and independently of adaptations
deployed in parts I and II. Part III also includes an appendix on
the relevant notions of Constructive Type Theory, which has been
extracted from an overview written by Ansten Klev. The book
concludes with some brief remarks on contemporary approaches to
analogy in Common and Civil Law and also to parallel reasoning in
general.
In a richly narrated historical study, Soufi excavates an Islamic
legal culture of critique from the 10th to13th centuries. Focusing
on the practice of munazara (disputation), Soufi explores how and
why oral debates became a pervasive and revered part of the
intellectual legal landscape of Iraq and Persia. Pushing back
against claims that classical Muslim jurists sought to weed out
differences of opinion, this engaging work presents a community
committed to the openness, fluidity, and continued exploration of
the law. In uncovering this classical legal culture, Soufi invites
readers to question claims about the promise of secular critique in
disciplining religious passions and forging human solidarity.
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