The Dialectical Forge

Download or read book The Dialectical Forge written by Walter Edward Young and published by Springer. This book was released on 2016-12-13 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn (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.

Download or read book Arsyad al-Banjari’s Insights on Parallel Reasoning and Dialectic in Law written by Muhammad Iqbal and published by Springer Nature. This book was released on 2022-06-16 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an epistemological study of the great Islamic scholar of Banjarese origin, Syeikh Muhammad Arsyad al-Banjari (1710-1812) who contributed to the development of Islam in Indonesia and, in general, Southeast Asia. The work focuses on Arsyad al-Banjari’s dialectical use and understanding of qiyās or correlational inference as a model of parallel reasoning or analogy in Islamic jurisprudence. This constituted the most prominent instrument he applied in his effort of integrating Islamic law into the Banjarese society.This work studies how Arsyad al-Banjari integrates jadal theory or dialectic in Islamic jurisprudence, within his application of qiyās. The author develops a framework for qiyās which acts as the interface between jadal, dialogical logic, and Per Martin-Löf’s Constructive Type Theory (CTT). One of the epistemological results emerging from the present study is that the different forms of qiyās applied by Arsyad al-Banjari represent an innovative and sophisticated form of reasoning. The volume is divided into three parts that discuss the types of qiyās as well their dialectical and argumentative aspects, historical background and context of Banjar, and demonstrates how the theory of qiyās comes quite close to the contemporary model of parallel reasoning for sciences and mathematics developed by Paul Bartha (2010). This volume will be of interest to historians and philosophers in general, and logicians and historians of philosophy in particular.

Download or read book Dickens and the Dialectic of Growth written by Badri Raina and published by Univ of Wisconsin Press. This book was released on 1986 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his works, from Oliver Twist to Our Mutual Friend, Charles Dickens reveals a continuum of artistic as well as social development over a period of four decades. In this highly original study, Badri Raina relates Dickens' novels thoroughly to one another, illuminating the works by seeing them in terms of the author's changing social outlook, personal attitudes, and aesthetic practice. Raina's book will fascinate readers of Dickens, and will serve social historians as well. The unifying point of Raina's study is Dickens' ambivalence toward respectable Victorian bourgeois society; he criticized the bourgeois myths of unbridled success and achievement through aggressive individualism, yet wished to be a great success himself. Raina argues that Dickens projected this personal ambivalence through the creation of key characters and combinations of characters in his novels, creating also a continual movement toward self-awareness and self-criticism. This personal movement, argues Raina, found expression in a steady improvement in the quality of Dickens' art. Two of the most interesting issues in Dickens studies--that of his development as a novelist and that of his mass appeal in combination with towering aesthetic achievement--are both addressed thoroughly in this lucid and highly readable book. By following common threads of plot and character through the novels, Raina demonstrates how Dickens matured both socially and artistically, until in his last finished novel, Our Mutual Friend, social values that were earlier espoused (for instance, in Oliver Twist) were wholly and willingly rejected. Raina's critical procedure illuminates not just the career of a Victorian novelist, but one who embraces, traverses, and evaluates the social climate of a critical period of the nineteenth century.

Download or read book Inferences by Parallel Reasoning in Islamic Jurisprudence written by Shahid Rahman and published by Springer Nature. This book was released on 2020-01-13 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph proposes a new (dialogical) way of studying the different forms of correlational inference, known in the Islamic jurisprudence as qiyās. According to the authors’ view, qiyās 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 qiyās and of the work of al-Shīrāzī penned by Soufi Youcef, the authors discuss al-Shīrāzī’s classification of correlational inferences of the occasioning factor (qiyās al-'illa). The second part of the volume deliberates on the system of correlational inferences by indication and resemblance (qiyās al-dalāla, qiyās al-shabah). The third part develops the main theoretical background of the authors’ work, namely, the dialogical approach to Martin-Löf'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.

Download or read book New Developments in Legal Reasoning and Logic written by Shahid Rahman and published by Springer Nature. This book was released on 2021-12-16 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.

Download or read book Harmonizing Similarities written by Elias G. Saba and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-10-08 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law. This monograph has been awarded the annual BRAIS – De Gruyter Prize in the Study of Islam and the Muslim World.

Download or read book American Journal of Islamic Social Sciences 35-4 written by Mohammad Syifa Amin Widigdo, John P. Bartkowski, Gabriel A. Acevedo, Gulcimen Karakeci, Favor Campbell and published by International Institute of Islamic Thought (IIIT). This book was released on 2018-10-01 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 35:4 AJISS issue opens with an editorial that draws attention to the plight of the Uyghur Muslims of East Turkestan facing sustained Chinese government persecution. The issue then features two main articles. The first article, by Dr. Mohammad Syifa Amin Widigdo, argues that the Aristotelian dialectic was adopted within medieval Islamic theology and law and Christian scholasticism toward distinctive purposes: the Greeks aimed to defeat an opponent by showing logical contradictions, Christian scholastics searched for the truth by bringing out the preexisting truth in the mind of the teacher, and Muslim dialecticians employed it to arrive at a level of certainty in knowledge in both epistemological and psychological senses. The second article reports multi-author empirical research by Drs. Bartkowski, Acevedo, Karakeci, and Campbell on the analysis of data extracted from the World Values Survey. It investigates early twenty-first century religious influences on Turkish Muslim women’s attitudes toward gender inequality, hypothesizing that religious devotion among Muslim women in Turkey is associated with greater support for gender inequality across the institutional domains of family. Finally, following the book reviews, the issue includes an extensive and erudite response by Professor Sherman Jackson to some crucial and timely issues raised by Professor Kecia Ali, who has argued that Muslim male scholars often omit, overlook, undervalue, or dismiss the scholarly views and interventions of female scholars. Jackson’s response is thoughtful, engaging, and respectful, even if it refuses to grant the premise of Ali’s argument.