Legal thinking in the hermeneutic paradigm.

Turning to the history of philosophical thought, I am surprised by the question what is knowledge? I am surprised because usually we do not reflect on our own knowledge; it appears to us as something obvious. And yet this question has disturbed people since the beginning philosophical thinlung. Moreover, at the time knowledge appeared as a subject full of aporiasintellectual difficulties and obvious contradictions of judgment. This led to the humiliating doubt that man could know anything about the world in (...) which he lived and, thus, exposed, so to speak, the painful nerve of the cognitive aspirations of human reason. (shrink)

My young friends advise me to write my memoirs. For me this is comforting. The future is unpredictable. The present is dark—it is "without repentance or hope" and only the past is remembered. The reawakening of interest in events long ago is a sign that a new view of things is forming: history—the knowledge of the past—forms us, for it lives in our actions. People of the past are our contemporaries: the results of their labors are part of our everyday (...) life. Their insights and mistakes live with us and in us. Contemporary life is only the surface layer of human existence. Faith in the intellectual intuition of the young generation gives hope that the pallid lines of the past I remember might clarify a little the problems of the present time. (shrink)

The Zaydī-Muʿtazilī interaction, which dates back to the early periods, increased when The Būyid vizier al-Ṣāḥib b. ʿAbbād invited Qāḍī ʿAbd al-Jabbār to Rayy and many Caspian Zaydī scholars studied with Qāḍī. Ibn Sharwīn, who is mentioned among the students of Qāḍī ʿAbd al-Jabbār and accepted as one of the Zaydī- Muʿtazilī scholars, is one of these names. The works of Ibn Sharwīn, who had writings in the field of kalām and fiqh, did not remain within the borders of the (...) Caspian and reached the Zaydīs of Yemen; one of these works is Ḥaqāʾiq al-ashyāʾ. Considering that, unlike other theological schools, there are not many works on the definitions of theological concepts in Muʿtazilī literature and -as far as is known- did not reach today, this treatise helps to understand better especially the terms in Zaydī- Muʿtazilī theology and the effects of Bahshamiyya on Zaydī thought. This work, edited and translated based on the only extant manuscript only manuscript found in Yemen and a previous publication, on the one hand, is important in understanding the point of view of Zaydī- Muʿtazilī thought on the disciplines of theology, jurisprudence, debate, history of Islamic sects, on the other hand, it is a helpful resource for understanding the terms used in the theory of aḥwāl, which is still an intricate issue. Ibn Sharwīn in his Ḥaqāʾiq al-ashyāʾ; explains over 150 terms in relation to cosmology such as substance, accident, line, surface, space; to ontology such as existing, non-existence, originated (muḥdath); to epistemology such as knowledge, creed, ignorance, doubt, skepticism, obligatory and acquired knowledge; to methodology such as evidence, madlūl, debate, and disputation; to fiqh such as sunnah, farḍ, mandūb, cause, command-prohibition, general-particular (ʿumūm-ḫuṣūṣ); to the history of sects such as ʿadliyya, compulsionists (mujbira) and qadarī; to divinity such as the oneness of God (tawhīd); to justice such as promise and threat (al-waʿd wa-l-waʿīd), good and evil, necessary and acquired, grace, compensation, repentance, major and minor sins; to the theory of al-aḥwāl such as attribute of the essence, determinant (muḳtaḍī), entail (muḳtaḍā), muṣaḥḥiḥ, cause. Describing ḥadd that corresponds to “definition” and ḥaḳīḳat that he used together with it as collectively exhaustive, mutually exclusive, Ibn Sharwīn defines knowledge, power, living (ḥayy), speech (kalām), speaker (mutakallim), permanent (bāqī) etc. in a way that is true for both God and human beings. While making these definitions, he draws on poems, linguistic usages and verses and divides the nouns into three parts at the end of his work, namely linguistic, religious and conventional (sharʿī and waḍʿī); in particular, he gives detailed information about metaphors and parts of truth. Another striking aspect of the work is the explanation of the meanings of the imperative mood which is included in the subjects of the Methodology of Fiqh. (shrink)

Existing social disparities in the United States are inconsistent with the promise of democracy; therefore, there was a need for critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This constructivist grounded theory study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change as it emerged from the nation’s founding documents. A post hoc polytheoretical framework including Foucault’s, Bourdieu’s, and Marx and (...) Engels’s theories of power was used to understand power dynamics. The research question focused on understanding the process of democratic social change in America. The sample comprised the Articles of Confederation, the U.S. Declaration of Independence, The Federalist Papers, and the U.S. Constitution. The documents were retrieved from the National Archives and Library of Congress. The data analysis plan incorporated successive comparison, situational and dramaturgical analysis, deconstruction, and perspective taking as strategies. The result was the construction of a democratic social change process theory preceded by five grounded theories: (a) first principles of democracy, (b) first principles of democracy conceptual framework, (c) socio-ethical principles of democracy, (d) demoralizing process, and (e) either-or approach to democracy. Positive social change implications include applying a democratic social change process to future social change endeavors across domains and levels of analysis, a normative framework for a republican form of government, and a tool to analyze and minimize the latent consequences of social justice policies. (shrink)

Collection of essays and lectures on Intellectuals, religious -- Arab countries -- Criticism, interpretation.

The word ‘business’ has heretofore been uttered among us with a certain contempt, irony, and malevolence. Perhaps the fact that some of our home-bred wheeler-dealers who call themselves businessmen are far too slippery, petty, roguish, and incompetent serves as some basis for this. But the pony's short stature is no warrant to regard all horses as dwarf animals.