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.
مجموعه
تاريخ نشر
2018
توصيف ظاهري
147-194
عنوان
Journal of Law, Religion and State
شماره جلد
6/2-3
شماره استاندارد بين المللي پياييندها
2212-4810
اصطلاحهای موضوعی کنترل نشده
اصطلاح موضوعی
Halakhah
اصطلاح موضوعی
History of Religion
اصطلاح موضوعی
Human Rights and Humanitarian Law
اصطلاح موضوعی
indeterminacy
اصطلاح موضوعی
Islamic Law
اصطلاح موضوعی
Jewish Law
اصطلاح موضوعی
jurisprudence
اصطلاح موضوعی
Religious Studies
اصطلاح موضوعی
rule of law
نام شخص به منزله سر شناسه - (مسئولیت معنوی درجه اول )