Gourt > Society > Religion and Spirituality > Islam > Jurisprudence (9)
Jurisprudence is the theory and philosophy of law. Students of jurisprudence aim to understand the fundamental nature of law, and to analyze its purpose, structure, and application. Jurisprudential scholars (sometimes confusingly referred to as "jurists") hope to obtain a deeper understanding of the law, the kind of power that it exercises, and its role in human societies. At a practical level, some jurists hope to improve society by studying what the law is, what it ought to be, and how it actually operates. They seek a deeper understanding behind law's seemingly unpredictable and uncertain nature.
Starting point
The common starting point in understanding jurisprudence is the objective of law to achieve justice. The positive law, embodied in the written legal statutes and case law of a jurisdiction, is used as the foundation to 'test' philosophical theories against. Hence, the arguable scientific nature of jurisprudence. The three most distinct views of law and justice (however there are literally hundreds of viewpoints) are legal positivism, natural law and legal interpretivism. Positivism simply means that the law is something that is 'posited': laws are validly made in accordance with socially accepted rules. Laws may seek to enforce justice, morality, or any other normative end, but their success or failure in doing so does not determine their validity. Providing a law is properly formed, in accordance with the rules recognized in the society concerned, it is a valid law, whether or not it is just by some other standard. Another principle is that law is nothing more than a set of rules to provide order and governance of society. Hence the most inhumane or unjust enactment must be obeyed (from the standpoint of the legal system, if not from a moral standpoint). Critics of the law should lobby for law reform but must still respect the letter of the law, or at least not deny that it is validly made law.
In contrast, natural law is closely associated with morality and, for theist views, the intentions of God. To oversimplify its concepts somewhat, natural law theory attempts to identify a moral compass to guide the lawmaking power of the state. Feelings or notions of what is right and wrong underlie natural law. What is right or wrong can vary according to the interests one is focussed upon. Natural law typically claims that 'an unjust law is no law at all' and some natural law theorists believe that any injustice will be rectified by the 'higher powers'.
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RT @VJESP: RT @itsjustEm: Anything is possible with drugs and alcohol. <-- yes it is. <-- This is now a law under the jurisprudence of ME!
themidnightace (Calico Graves) Wed, 23 Dec 2009 23:43:50 -0000
RT @VJESP: RT @itsjustEm: Anything is possible with drugs and alcohol. <-- yes it is. <-- This is now a law under the jurisprudence of ME!
Lectures on Jurisprudence (Glasgow Edition of the Works and Correspondence of Adam Smith, Vol. 5) - by Adam Smith. http://j.mp/8fYK1A
economics_book (New Economics Books) Wed, 23 Dec 2009 22:24:43 -0000
Lectures on Jurisprudence (Glasgow Edition of the Works and Correspondence of Adam Smith, Vol. 5) - by Adam Smith. http://j.mp/8fYK1A
sen. baucus just fell into the u.s. v lopez commerce clause trap. he's a moron. he doesn't even know jurisprudence. #tcot
brooksbayne (brooks bayne) Wed, 23 Dec 2009 20:37:38 -0000
sen. baucus just fell into the u.s. v lopez commerce clause trap. he's a moron. he doesn't even know jurisprudence. #tcot
Lausanne se met au google-book: Quelques jours àpeine après la jurisprudence La Martinière, la bibilothèque de.. http://bit.ly/6Vn8fa
eitbiparralde (eitb.com/fr) Wed, 23 Dec 2009 18:19:31 -0000
Lausanne se met au google-book: Quelques jours à peine après la jurisprudence La Martinière, la bibilothèque de.. http://bit.ly/6Vn8fa
Publication: No One. John Doe jurisprudence.... http://ow.ly/16cITB
ryanhageman (Ryan Hageman) Wed, 23 Dec 2009 17:28:59 -0000
Publication: No One. John Doe jurisprudence.... http://ow.ly/16cITB
A pilar verdin / Is in your jurisprudence / Pauling your fibrin! #haiku
poetryninja (Ninja Of Poetry) Wed, 23 Dec 2009 17:00:07 -0000
A pilar verdin / Is in your jurisprudence / Pauling your fibrin! #haiku
Advanced Legal Studies Institute (ALSI) - Contains information relating to researches in Islamic law and finance, and in the laws prevailing in Muslim countries, especially in Pakistan.
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Ask the Imam - A collection of Mufti Ebrahim Desai's answers to questions raised by Muslims on belief and practice of Islam.
Assembly of Muslim Jurists in America - A not-for-profit organization of Muslim jurists and scholars, seeking to issue and clarify rulings of Shar'iah (Islamic Law) concerning issues affecting Muslims in the US. Also offers training in juristic fields. [Arabic and English]
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Fatwa.org.za - A collection of Muslim sources, rulings and opinions covering religious, personal, medical and financial subjects.
Meta Description: [ fatwa Islam questions ]
Fiqh-us-Sunnah - A translation of five of Sayyid Sabiq's popular summaries of Islamic law according to the four main schools. Covers: purification and prayer; supererogatory prayer; zakaat and fasting; funerals and dhikr; hajj and umrah.
Islamic Family Law - A project in Emory University Law School (Atlanta, Georgia, US) to assess the implementation of Islamic family law in Muslim and non-Muslim environments with a view to encouraging reform. Includes surveys, case studies, and thematic studies.
Islamic Fiqh Academy (India) - Organizes seminars, lectures, and training in Islamic jurisprudence; also conducts research and contemporary interpretation.
Meta Description: [ A islamic Fiqhi Jurisprudence Organization ]
Islamic Schools of Thought - Essay explaining the four main legal schools existing in Sunni Islam.
Personal Statutes - An analysis and comparison of the judgements of the four Sunni law schools (Hanafi, Maliki, Shafi'i and HanbalÃ), and the Shia Ja'fari tradition. Focus is on issues of personal law.
Meta Description: [ islamic law sharia, ISLAMIC LAW encyclopedia ]
The Association of Muslim Lawyers (UK) - Promotes the legal rights of Muslims in accordance with the Shari'ah, and promotes research into Shari'ah and English law. Information about their activities, publications, and membership.
Meta Description: [ The Association of Muslim Lawyers (UK)- AML ]
The Four Madhabs - A collection of articles about the schools of Muslim law, their differences and similarities; also discusses Salafi attitudes and teachings.
UCLA Journal of Islamic and Near Eastern Law - Journal aiming to analyze legal issues (social, political, civil, historical, economic, and commercial) relevant to Muslims and Near Easterners in both Muslim and non-Muslim societies. Includes information on subscriptions and article submission.
Usul Al Fiqh Al Islami - An online translation of Taha Jabir Al 'Alwani's book on Source Methodology in Islamic Jurisprudence.
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