Capa

The Dialectical Forge

SPRINGER
12 / 2016
9783319255200
978-33-1925-520-0
Inglês
Logic, Argumentation Reasoning
Ingles

Sinopse

The Dialectical Forgenbsp;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 juridicalnbsp;jadal-theory, and proposes a multi-component paradigm-the Dialectical Forge Model-to account for the power ofnbsp;jadalnbsp;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, severalgenerations 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/8thnbsp;centurynbsp;Kitab Ikhtilaf al-?Iraqiyyinnbsp;/nbsp;?Iraqiyyaynnbsp;(the ?subject-text?) through a lens molded from 5th/11thnbsp;centurynbsp;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.