Results for 'Islamic law Interpretation and construction'

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  1.  69
    Interpretation and Construction: Art, Speech, and the Law.Robert Stecker - 2003 - Wiley-Blackwell.
    _Interpretation and Construction_ examines the interpretation and products of intentional human behavior, focusing primarily on issues in art, law, and everyday speech. Focuses on artistic interpretation, but also includes extended discussion of interpretation of the law and everyday speech and communication. Written by one of the leading theorists of interpretation. Theoretical discussions are consistently centered around examples for ease of comprehension.
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  2.  1
    The Case of Variae Lectiones in Classical Islamic Jurisprudence: Grammar and the Interpretation of Law.Mustafa Shah - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):285-311.
    The qirāʾāt or variae lectiones represent the vast corpus of Qurʾānic readings that were preserved through the historical processes associated with the textual codification and transmission of the Qurʾān. Despite the fact that differences among concomitant readings tend to be nominal, others betray semantic nuances that are brought into play within legal discourses. Both types of readings remain important sources for the history of the text of the Qur’ān and early Arabic grammatical thought. While some recent scholars have questioned the (...)
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  3. Interpretation and Construction: Art, Speech, and the Law.Robert Stecker - 2008 - Wiley-Blackwell.
    _Interpretation and Construction _examines the interpretation and products of intentional human behavior, focusing primarily on issues in art, law, and everyday speech. Focuses on artistic interpretation, but also includes extended discussion of interpretation of the law and everyday speech and communication. Written by one of the leading theorists of interpretation. Theoretical discussions are consistently centered around examples for ease of comprehension.
     
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  4.  52
    The Medieval Islamic Controversy Between Philosophy and Orthodoxy: Ijm̄aʻ and Taʼwīl in the Conflict Between Al-Ghazālī and Ibn Rushd.Iysa A. Bello - 1989 - E.J. Brill.
    ... Abu Hamid al-Ghazall enumerates twenty questions upon which he contends the philosophers have formulated heretical theories against which the Muslim ...
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  5.  1
    Islamic Law: Its Sources, Interpretation and the Translation of It Into Laws Written in English.Rafat Y. Alwazna - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):251-260.
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  6.  79
    Between Authority and Interpretation: On the Theory of Law and Practical Reason.Joseph Raz - 2009 - Oxford University Press.
    Can there be a theory of law? -- Two views of the nature of the theory of law : a partial comparison -- On the nature of law -- The problem of authority : revisiting the service conception -- About morality and the nature of law -- Incorporation by law -- Reasoning with rules -- Why interpret? -- Interpretation without retrieval -- Intention in interpretation -- Interpretation : pluralism and innovation -- On the authority and interpretation (...)
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  7. Interpretation and Construction: Art, Speech, and the Law.T. Gracyk - 2006 - Philosophical Review 115 (4):524-526.
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  8.  59
    Interpretation and Construction, Art, Speech, and the Law.Matthew Rowe - 2004 - British Journal of Aesthetics 44 (3):303-304.
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  9.  20
    Robert Stecker, Interpretation and Construction: Art, Speech, and the Law.Reviews by David Davies & Julie Van Camp - 2004 - Journal of Aesthetics and Art Criticism 62 (3):291–296.
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  10.  4
    The First Islamic Legal Theory: Ibn Al-Muqaffaʿ on Interpretation, Authority, and the Structure of the Law.Joseph E. Lowry - 2008 - Journal of the American Oriental Society 128 (1):25-40.
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  11.  1
    Interpretation and Construction, Art, Speech, and the Law.S. Davies, R. Hopkins, J. Robinson & M. Rowe - 2004 - British Journal of Aesthetics 44 (3):303-304.
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  12.  6
    Interpretation and Construction: Art, Speech, and the Law, by Robert Stecker.Gary Iseminger - 2007 - European Journal of Philosophy 15 (1):114–118.
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  13. Interpretation and Construction: Art, Speech, and the Law, by Robert Stecker.Iseminger Gary - 2007 - European Journal of Philosophy 15 (1):114-118.
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  14. Interpretation and Construction: Art, Speech, and the Law.Stecker Robert - 2006 - Philosophical Review 115 (4):524-526.
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  15. Interpretation and Construction: Art, Speech and the Law.Robert Stecker, Matthew Kieran, Berys Gaut & Paisley Livingston - 2005 - Philosophical Quarterly 55 (218):150-155.
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  16. Interpretation and Construction: Art, Speech, and the Law.Stecker Robert - 2004 - Journal of Aesthetics and Art Criticism 62 (3):293-296.
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  17.  23
    Law and Interpretation: Essays in Legal Philosophy.Andrei Marmor (ed.) - 1995 - Oxford University Press.
    Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the (...)
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  18.  1
    Use of Force in the Sudan: Between Islamic Law and International Law.Sean Hilhorst - 2009 - Muslim World Journal of Human Rights 5 (1).
    There are barriers of perception between Sudanese Muslims for whom the sharia is a source of authority and identity and others who see it as an oppressive means of dominating Sudan's minority populations. I make a distinction between process and substance in law, and show that a flawed process has contributed to a perception of international law as an instrument of powerful states, which has obscured its legislative and procedural usefulness to the Sudan as a member of the United Nations. (...)
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  19. Islamic Law and Freedom of Religion: The Case of Apostasy and Its Legal Implications in Egypt.El Fegiery Moataz Ahmed - 2013 - Muslim World Journal of Human Rights 10 (1).
    The article analyses Egyptian jurisprudence on the issue of apostasy, with a focus on conversion from Islam to Christianity. It argues that the Egyptian judiciary has failed to develop a harmonious relationship between Islamic law and the principle of freedom of religion. It looks at how the majority of cases examined before the Egyptian judiciary reveal a continued tension between freedom of religion as defined in international human rights law and its judges’ interpretation of Islamic law as (...)
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  20. Human Rights and Islamic Law: A Legal Analysis Challenging the Husband's Authority to Punish "Rebellious" Wives".H. Elsaidi Murad - 2011 - Muslim World Journal of Human Rights 7 (2).
    Verse 4:34 of the Qur'an has historically been interpreted to give husbands authority over their wives. Even today, such as in a recent case in the United Arab Emirates, Islamic courts have held that the husband has some leeway in "disciplining" wives who act in a rebellious manner to their husbands. This article challenges this interpretation through a comprehensive legal analysis, taking into account the context under which the verse came about, including the societal norms and conditions of (...)
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  21.  8
    Law as Interpretation.Ronald Dworkin - 1982 - Critical Inquiry 9 (1):179-200.
    The puzzle arises because propositions of law seem to be descriptive—they are about how things are in the law, not about how they should be—and yet it has proved extremely difficult to say exactly what it is that they describe. Legal positivists believe that propositions of law are indeed wholly descriptive: they are in fact pieces of history. A proposition of law in their view, is true just in case some event of a designated law-making kind has taken place, and (...)
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  22. Comparative Legal Interpretation.Kent Greenawalt - 2010 - Oxford University Press.
    Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.
     
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  23.  20
    Legal Interpretation: Perspectives From Other Disciplines and Private Texts.Kent Greenawalt - 2010 - Oxford University Press.
    Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.
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  24. Islamic Law and International Human Rights Norms.Alhargan Raed Abdulaziz - 2013 - Muslim World Journal of Human Rights 9 (1).
    Human rights in Islam is a complex issue on which influential Muslims have expressed diverse perspectives. This article identifies the different views held by several scholars, and examines the way in which those views are reflected or contested in contemporary Islamic discourses and particularly the discourses of Saudi scholars. It also argues that different opinions are not necessarily based on a specific Islamic sect but on the perception of international norms and on the readings and interpretation of (...)
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  25.  57
    Vagueness in Law.Timothy Andrew Orville Endicott - 2000 - Oxford University Press.
    Vagueness in law can lead to indeterminacies in legal rights and obligations. This book responds to the challenges that those indeterminacies pose to theories of law and adjudication.
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  26.  4
    Why the Law is so Perverse.Leo Katz - 2011 - University of Chicago Press.
    Why does the law spurn win-win transactions? -- Things we can't consent to, though no one knows why -- A parable -- Lessons -- The social choice connection -- Why is the law so full of loopholes? -- The irresistible wrong answer -- What is wrong with the irresistible answer? -- The voting analogy -- Turning the analogy into an identity -- Intentional fouls -- Why is the law so either/or? -- The proverbial rigidity of the law -- Line drawing (...)
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  27.  20
    Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules.Jean D' Aspremont - 2011 - Oxford University Press.
    This book revisits the theory of the sources of international law from the perspective of formalism.
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  28.  21
    The Challenge of Originalism: Theories of Constitutional Interpretation.Grant Huscroft & Bradley W. Miller (eds.) - 2011 - Cambridge University Press.
    The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an ...
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  29. Justice and the Ethics of Legal Interpretation.Susanna Lindroos-Hovinheimo - 2012 - Routledge.
    The shared nature of language -- Derrida on language and meaning -- Reading the law : hermeneutics and deconstruction -- The ethics of language -- Uncertain justice.
     
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  30.  12
    Understanding Law and Society.Max Travers - 2010 - Routledge.
    Classical thinkers -- The consensus tradition -- Critical perspectives -- Feminism and law -- The interpretive tradition -- Postmodernism and difference -- Legal pluralism and globalisation.
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  31.  6
    Semiotics of Islamic Law, Maṣlaḥa, and Islamic Economic Thought.Sami Al-Daghistani - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):389-404.
    The paper explores the role and meaning of maṣlaḥa and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing (...)
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  32. Alice’s Adventures, Abductive Reasoning and the Logic of Islamic Law.Valentino Cattelan - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):359-388.
    How does a Muslim jurist think the law and how, accordingly, he judges a fact? Using Alice in Wonderland as hermeneutical device to explore the logic of fiqh, this article identifies a divergence between Western and Islamic legal thinking in the application of abduction as key form of inference in the law of Islam. In particular, looking at the fact/law relation in symbolic terms, the article highlights how, while a dichotomy between fact and law characterizes Western legal thinking, fiqh (...)
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  33. Women’s Rights in Islamic Shari’A: Between Interpretation, Culture and Politics.Dina Mansour - 2014 - Muslim World Journal of Human Rights 11 (1):1-24.
    This article analyses existing biases – whether due to misinterpretation, culture or politics – in the application of women’s rights under Islamic Shari’a law. The paper argues that though in its inception, one purpose of Islamic law may have aimed at elevating the status of women in pre-Islamic Arabia, biases in interpreting such teachings have failed to free women from discrimination and have even added “divinity” to their persistent subjugation. By examining two case studies – Saudi Arabia (...)
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  34.  60
    Paternity Between Law and Biology: The Reconstruction of the Islamic Law of Paternity in the Wake of Dna Testing.Ayman Shabana - 2012 - Zygon 47 (1):214-239.
    Abstract: The discovery of DNA paternity tests has stirred a debate concerning the definition of paternity and whether the grounds for such a definition are legal or biological. According to the classical rules of Islamic law, paternity is established and negated on the basis of a valid marriage. Modern biomedical technology raises the question of whether paternity tests can be the sole basis for paternity, even independently of marriage. Although on the surface this technology seems to challenge the authority (...)
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  35.  27
    Islamic Law, Epistemology and Modernity: Legal Philosophy in Contemporary Iran.Ashk Dahlén - 2003 - Routledge.
    This book is a comprehensive analysis of the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran.
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  36.  1
    As ambiguidades do direito islâmico em contextos contemporâneos (The ambiguities of Islamic law in contemporary contexts) - DOI: 10.5752/ P.2175-5841.2011v9n20p153. [REVIEW]Youssef Cherem - 2011 - Horizonte 9 (20):153-170.
    Resumo Uma das reivindicações centrais dos movimentos políticos islâmicos é cumprir ou impor a sharī'a . Mas a visão que esses movimentos têm destoa da maneira como os sistemas jurídicos muçulmanos funcionaram historicamente. A própria definição de sharī'a , sua relação com o poder político, e sua aplicação num processo que leva a uma decisão jurídica, foram simplificados durante o processo de codificação dos séculos XIX e XX, e os movimentos islamistas são herdeiros dessa concepção "ocidentalizada" de sharī'a. Frequentemente traduzido (...)
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  37. Philosophical Problems in the Law.David M. Adams (ed.) - 1996 - Wadsworth.
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  38. Philo and the Oral Law.Samuel[from old catalog] Belkin - 1940 - Cambridge: Mass., Harvard University Press.
     
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  39.  9
    Law and Tradition in Judaism.Boaz Cohen - 1959 - New York: Ktav Pub. House.
    Boaz Cohen. sincere and great D'nan 'TD^n who do not approve of the policies or politics of their wilful and dominating leaders, but they are cowed into an undignified silence and submission, and are rendered impotent for salutary action.
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  40. Jacques Derrida: Law as Absolute Hospitality.Jacques De Ville - 2011 - Routledge.
  41.  7
    Rational Individualism: The Perennial Philosophy of Legal Interpretation.Roger Simonds - 1995 - Rodopi.
    Since this book is a cross-disciplinary study in philosophy and legal history, it may present some problems for readers who come to it with strong interests ...
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  42.  49
    Law and Ethics in Islamic Bioethics: Nonmaleficence in Islamic Paternity Regulations.Ayman Shabana - 2013 - Zygon 48 (3):709-731.
    In Islamic law paternity is treated as a consequence of a licit sexual relationship. Since DNA testing makes a clear distinction between legal and biological paternity possible, it challenges the continued correlation between paternity and marriage. This article explores the foundations of paternity regulations in the Islamic ethico-legal tradition, with a particular focus on what is termed here “the licit sex principle,” and investigates the extent to which a harm-based argument can be made either by appeal to or (...)
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  43. Science of Legal Method.Ernest Bruncken & Layton B. Register (eds.) - 1917 - New York: A. M. Kelley.
    The problem of the judge: judicial freedom of decision, its necessity and method, by F. Gény.--Judicial freedom of decision, its principles and objects, by E. Ehrlich.--Dialecticism and technicality; the need of sociological method, by J. G. Gmelin.--Equity and law, by G. Kiss.--The perils of emotionalism, by F. Berolzheimer.--Judicial interpretation of enacted law, by J. Kohler.--Courts and legislation, by R. Pound.--The operation of the judicial function in English law, by H. B. Gerland.--Codified law and case-law, by É. Lambert.--Methods of juridical (...)
     
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  44.  11
    The Good Muslim: Reflections on Classical Islamic Law and Theology.Mona Siddiqui - 2012 - Cambridge University Press.
    Machine generated contents note: 1. Spoken, intended and problematic divorce in Hanafi Fiqh; 2. Between person and property - slavery in Qudūrī's Mukhtasar; 3. Pig, purity and permission in Mālikī slaughter; 4. Islamic and other perspectives on evil; 5. The language of love in the Qur'ān; 6. Virtue and limits in the ethics of friendship 7. Drinking and drunkenness in Ibn Rushd.
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  45.  35
    Justice in Robes.Ronald Dworkin - 2006 - Belknap Press.
    In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard ...
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  46.  3
    Interpretation Game or How to Make Law Without Parliament.Valentinas Mikelėnas - 2009 - Jurisprudence 116 (2):79-92.
    The contemporary State power is concentrated in the hands of the legislative, executive and judicial powers, which is traditionally referred to as the principle of the division of State power. The separation of State power and the attribution of the function of the interpretation and application of statutory law to courts were like “letting the genie out of the bottle”. Having started with a mechanical application of the statutory law, the courts, armed with various doctrines on interpretation of (...)
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  47.  46
    General Theory of Norms.Hans Kelsen - 1990 - Oxford University Press.
    Hans Kelsen is considered by many to be the foremost legal thinker of the twentieth century. During the last decade of his life he was working on what he called a general theory of norms. Published posthumously in 1979 as Allgemeine Theorie der Normen, the book is here translated for the first time into English. Kelsen develops his "pure theory of law" into a "general theory of norms", and analyzes the applicability of logic to norms to offer an original and (...)
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  48.  9
    Das Mag in der Theorie Richtig Sein -: Vom Nutzen der Rechtstheorie für Die Rechtspraxis.Matthias Jestaedt - 2006 - Mohr Siebeck.
    English summary: Countering the widespread antitheoretical affect, Matthias Jestaedt shows the benefits of a sceptical and realistic theory of law, not only for juridical dogmatics but also for legal practice, and distinguishes between the ...
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  49. Legal Reasoning and Legal Theory.Neil MacCormick - 1978 - Oxford University Press.
    This study focuses on current jurisprudential debate between the "positivist" views of Herbert Hart and the "rights thesis" of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature.
     
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  50.  3
    Jerusalem and Athens: The Congruity of Talmudic and Classical Philosophy.Jacob Neusner - 1997 - E.J. Brill.
    The Talmud - the Mishnah, a philosophical law code, and the Gemara, a dialectical commentary upon the Mishnah - works by translating principal modes of Western ...
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