The Dialectical Forge: Juridical Disputation and the Evolution of Islamic Law (Logic, Argumentation & Reasoning, 9)

Young, Walter Edward

ISBN 10: 3319255207 / ISBN 13: 9783319255200

Editore: Springer, 2016

In. Codice articolo ria9783319255200_new

Riassunto:

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 2^nd/8^th century Kitab Ikhtilaf al-?Iraqiyyin / ?Iraqiyyayn (the “subject-text”) through a lens molded from 5^th/11^th 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.

Dalla quarta di copertina:

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 2^nd/8^th century Kitab Ikhtilaf al-'Iraqiyyin / 'Iraqiyyayn (the subject-text ) through a lens molded from 5^th/11^th 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.

Dati bibliografici

Titolo: The Dialectical Forge: Juridical Disputation...
Casa editrice: Springer
Data di pubblicazione: 2016
Legatura: Rilegato
Condizione: New