The Dialectical Forge: Juridical Disputation and the Evolution of Islamic Law: 9 (Logic, Argumentation & Reasoning, 9) - Softcover

Young, Walter Edward

Softcover

ISBN 10: 3319798057 ISBN 13: 9783319798059

Publisher: Springer, 2018

Synopsis

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, 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 2^nd/8^th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn (the “subject-text”) through a lens molded from 5^th/11^th 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.

About this title

From the Back Cover

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 2^nd/8^th century Kitāb Ikhtilāf al-'Irāqiyyīn / 'Irāqiyyayn (the “subject-text”) through a lens molded from 5^th/11^th 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.

Edition details

• Publisher: Springer
• Publication date: 2018
• Language: English
• ISBN 10: 3319798057
• ISBN 13: 9783319798059
• Binding: Paperback
• Number of pages: 657