Book contents
- Positive Law from the Muslim World
- The Law in Context Series
- Positive Law from the Muslim World
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction: Law Properly So Called, from an Islamic Vantage Point
- Part I The Concept of Law
- Part II Historical Ontologies
- Part III Legal Praxeologies
- Conclusion: A Praxeological Approach to Positive Law
- Notes
- Bibliography
- Index
Introduction: Law Properly So Called, from an Islamic Vantage Point
Published online by Cambridge University Press: 16 June 2021
- Positive Law from the Muslim World
- The Law in Context Series
- Positive Law from the Muslim World
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction: Law Properly So Called, from an Islamic Vantage Point
- Part I The Concept of Law
- Part II Historical Ontologies
- Part III Legal Praxeologies
- Conclusion: A Praxeological Approach to Positive Law
- Notes
- Bibliography
- Index
Summary
Our aim is to develop a sociohistorical jurisprudence of “law properly so called,” which involves a threefold analysis: conceptual, historical, and praxeological. Following the ground broken by analytical philosopher Ludwig Wittgenstein, conceptual analysis requires the exposition of the grammar through which concepts acquire their meaning and are meaningfully used. In a manner inspired by philosopher of science Ian Hacking and historian Reinhart Koselleck, historical analysis focuses on the description of the birth, development, and use of concepts. Drawing on the work of sociologist Harold Garfinkel, praxeological analysis describes the practical methods used by people to make sense of their environment, to produce their local order, and to act accordingly. The three approaches converge in their insistence on adopting an endogenous/indigenous perspective toward social life and its production.
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- Positive Law from the Muslim WorldJurisprudence, History, Practices, pp. 1 - 26Publisher: Cambridge University PressPrint publication year: 2021