عنوان
پدید آورنده
موضوع
رده
کتابخانه
محل استقرار
LA116127
انگلیسی
Leveraging Legal Indeterminacy
[Article]
Shlomo C. Pill
Leiden
Brill | Nijhoff
This article offers one response, rooted in traditional Jewish and Islamic perspectives of what it means to have a rule of law, to the problem of indeterminacy in Western jurisprudence. Some Jewish and Muslim scholars have conceptualized the rule of law not as a system of objective, democratic, prospective, stable, and equally applied substantive norms, but as the commitment of the legal community to be broadly and deeply engaged with studying, interpreting, and applying the materials and methods of their legal tradition as the principal source of normative conduct. This way of thinking about law, which I call "law-as-engagement," has been deployed by Jewish and Muslim scholars to leverage the incidence of indeterminacy, disagreement, and judicial subjectivity in law for the purpose of reinforcing rather than undermining the rule of law. This article offers one response, rooted in traditional Jewish and Islamic perspectives of what it means to have a rule of law, to the problem of indeterminacy in Western jurisprudence. Some Jewish and Muslim scholars have conceptualized the rule of law not as a system of objective, democratic, prospective, stable, and equally applied substantive norms, but as the commitment of the legal community to be broadly and deeply engaged with studying, interpreting, and applying the materials and methods of their legal tradition as the principal source of normative conduct. This way of thinking about law, which I call "law-as-engagement," has been deployed by Jewish and Muslim scholars to leverage the incidence of indeterminacy, disagreement, and judicial subjectivity in law for the purpose of reinforcing rather than undermining the rule of law.
2018
147-194
Journal of Law, Religion and State
6/2-3
2212-4810
Halakhah
History of Religion
Human Rights and Humanitarian Law
indeterminacy
Islamic Law
Jewish Law
jurisprudence
Religious Studies
rule of law
Shlomo C. Pill
10.1163/22124810-00602002
مطالعه متن کتاب p
[Article]
275578
a
Y
