FRANK GRIFFEL Department of Religious Studies Yale University
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The Legalization of Theology in Islam and Judaism in the Thought of Al-Ghazali and Maimonides
UC Berkeley Berkeley Journal of Middle Eastern & Islamic Law Title Law as Faith, Faith as Law: The Legalization of Theology in Islam and Judaism in the Thought of Al-Ghazali and Maimonides Permalink https://escholarship.org/uc/item/7hm3k78p Journal Berkeley Journal of Middle Eastern & Islamic Law, 6(1) Author Pill, Shlomo C. Publication Date 2014-04-01 DOI 10.15779/Z38101S Peer reviewed eScholarship.org Powered by the California Digital Library University of California 1 BERKELEY J. OF MIDDLE EASTERN & ISLAMIC LAW 2014 LAW AS FAITH, FAITH AS LAW: THE LEGALIZATION OF THEOLOGY IN ISLAM AND JUDAISM IN THE THOUGHT OF AL-GHAZALI AND MAIMONIDES Shlomo C. Pill1 I. INTRODUCTION Legal systems tend to draw critical distinctions between members and nonmembers of the legal-political community. Typically, citizens, by virtue of shouldering the burden of legal obligations, enjoy more expansive legal rights and powers than noncitizens. While many modern legal regimes do offer significant human rights protections to non-citizens within their respective jurisdictions, even these liberal legal systems routinely discriminate between citizens and non- citizens with respect to rights, entitlements, obligations, and the capacity to act in legally significant ways. In light of these distinctions, it is not surprising that modern legal systems spend considerable effort delineating the differences between citizen and noncitizen, as well as the processes for obtaining or relinquishing citizenship. As nomocentric, or law-based faith traditions, Islam and Judaism also draw important distinctions between Muslims and non-Muslims, Jews and non- Jews. In Judaism, only Jews are required to abide by Jewish law, or halakha, and consequently only Jews may rightfully demand the entitlements that Jewish law duties create, while the justice owed by Jews to non-Jews is governed by a general rule of reciprocity. -
Digital Tools and the History of Political Thought: the Case of Jean
Digital Tools and the History of Political Th ought: Th e Case of Jean Bodin Ioannis D. Evrigenis, Tufts University Abstract As scholars debate the virtues, drawbacks, and even the existence of the digital human- ities, it is worth thinking more narrowly about how certain digital tools might be put to use in the study of the history of political thought. In what follows, I examine the case of Jean Bodin’s Les six livres de la république, a work as challenging as it is impor- tant. By means of examples of the development of that work and of certain relatively new techniques, I consider the opportunities that these tools aff ord us for the composi- tion of digital variorum editions that are broadly collaborative, fully accessible, up-to- date, and featuring a heretofore impossible degree of editorial accountability. Keywords: Jean Bodin, Les six livres de la république, De Republica Libri Sex, digital hu- manities, history of political thought, history of ideas, text, meaning, editing In interpretive battles over the meaning--intended and otherwise--of infl uen- tial texts, warring parties often consider the nuances and evolution of lan- guage, the historical setting in which a treatise was composed, other relevant debates and exchanges, and speculate about the author’s motives and inten- tions. More often than not, however, these debates tend to take the text itself for granted in at least three important ways. Th e fi rst concerns its provenance, genealogy, and history. Nearly every com- mentary on political thought will have something to say about the setting in which a text was composed, and some may even address the history of its composition and reception. -
Montesquieu on the History and Geography of Political Liberty
Montesquieu on the History and Geography of Political Liberty Author: Rebecca Clark Persistent link: http://hdl.handle.net/2345/bc-ir:103616 This work is posted on eScholarship@BC, Boston College University Libraries. Boston College Electronic Thesis or Dissertation, 2012 Copyright is held by the author, with all rights reserved, unless otherwise noted. Boston College Graduate School of Arts & Sciences Department of Political Science MONTESQUIEU ON THE HISTORY AND GEOGRAPHY OF POLITICAL LIBERTY A dissertation by REBECCA RUDMAN CLARK submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy December 2012 © Copyright by REBECCA RUDMAN CLARK 2012 Abstract Montesquieu on the History and Geography of Political Liberty Rebecca R. Clark Dissertation Advisor: Christopher Kelly Montesquieu famously presents climate and terrain as enabling servitude in hot, fertile climes and on the exposed steppes of central Asia. He also traces England’s exemplary constitution, with its balanced constitution, independent judiciary, and gentle criminal practices, to the unique conditions of early medieval northern Europe. The English “found” their government “in the forests” of Germany. There, the marginal, variegated terrain favored the dispersion of political power, and a pastoral way of life until well into the Middle Ages. In pursuing a primitive honor unrelated to political liberty as such, the barbaric Franks accidentally established the rudiments of the most “well-tempered” government. His turn to these causes accidental to human purposes in Parts 3-6 begins with his analysis of the problem of unintended consequences in the history of political reform in Parts 1-2. While the idea of balancing political powers in order to prevent any one individual or group from dominating the rest has ancient roots, he shows that it has taken many centuries to understand just what needs to be balanced, and to learn to balance against one threat without inviting another. -
Political Theory Comprehensive Exam Spring 2012 Study Guide Questions 1. the Political Theorists Listed Below Represent Some Of
Political Theory Comprehensive Exam Spring 2012 Study Guide Questions 1. The political theorists listed below represent some of the major political thinkers in Ancient, Medieval and Modern Western European political thought. Pick one theorist from each of the three categories (a, b, c) and describe the basic components and structure of the political theory of each. Compare and contrast these three selections, noting both similarities and differences in their theories, and discuss the ways in which they exemplify major differences between ancient, medieval, and modern political thinkers. a) Plato, Aristotle, Cicero, St. Augustine b) Machiavelli, St. Thomas Aquinas, Calvin, Jean Bodin c) Hobbes, Locke, Rousseau, Adam Smith, J. S. Mill 2. An important strand of contemporary egalitarian thought, a strand that Elizabeth Anderson calls 'luck equality', argues that responsibility for disadvantage should constitute a decisive concern for egalitarian theory. Gerald Cohen, in particular, asserts that an acceptable egalitarian theory must assign central importance to the distinction between choices grounded in preferences that are acquired voluntarily and those which reflect the influence of habituation or other nonvoluntary processes. Matt Matravers, however, expresses the concern of many political philosophers when he observes that political philosophy will “be on hold for some time” if we must wait for a defensible account of genuine choice before addressing the basic questions of egalitarian justice. Other critics of luck equality, including Martha Nussbaum, Elizabeth Anderson, and Timothy Hinton, argue that responsibility for disadvantage constitutes an inappropriate focus for egalitarian theory. Discuss and evaluate this controversy. Your essay should discuss the work of at least one luck egalitarian (e.g. -
Arab Scholars and Ottoman Sunnitization in the Sixteenth Century 31 Helen Pfeifer
Historicizing Sunni Islam in the Ottoman Empire, c. 1450–c. 1750 Islamic History and Civilization Studies and Texts Editorial Board Hinrich Biesterfeldt Sebastian Günther Honorary Editor Wadad Kadi volume 177 The titles published in this series are listed at brill.com/ihc Historicizing Sunni Islam in the Ottoman Empire, c. 1450–c. 1750 Edited by Tijana Krstić Derin Terzioğlu LEIDEN | BOSTON This is an open access title distributed under the terms of the CC BY-NC-ND 4.0 license, which permits any non-commercial use, distribution, and reproduction in any medium, provided no alterations are made and the original author(s) and source are credited. Further information and the complete license text can be found at https://creativecommons.org/licenses/by-nc-nd/4.0/ The terms of the CC license apply only to the original material. The use of material from other sources (indicated by a reference) such as diagrams, illustrations, photos and text samples may require further permission from the respective copyright holder. Cover illustration: “The Great Abu Sa’ud [Şeyhü’l-islām Ebū’s-suʿūd Efendi] Teaching Law,” Folio from a dīvān of Maḥmūd ‘Abd-al Bāqī (1526/7–1600), The Metropolitan Museum of Art. The image is available in Open Access at: https://www.metmuseum.org/art/collection/search/447807 Library of Congress Cataloging-in-Publication Data Names: Krstić, Tijana, editor. | Terzioğlu, Derin, 1969- editor. Title: Historicizing Sunni Islam in the Ottoman Empire, c. 1450–c. 1750 / edited by Tijana Krstić, Derin Terzioğlu. Description: Boston : Brill, 2020. | Series: Islamic history and civilization. studies and texts, 0929-2403 ; 177 | Includes bibliographical references and index. -
THE POLITICAL PHILOSOPHY of JEAN-JACQUES ROUSSEAU the Impossibilityof Reason
qvortrup.cov 2/9/03 12:29 pm Page 1 Was Rousseau – the great theorist of the French Revolution – really a Conservative? THE POLITICAL PHILOSOPHY OF JEAN-JACQUES ROUSSEAU This original study argues that the author of The Social Contract was a constitutionalist much closer to Madison, Montesquieu and Locke than to revolutionaries. Outlining his profound opposition to Godless materialism and revolutionary change, this book finds parallels between Rousseau and Burke, as well as showing that Rousseau developed the first modern theory of nationalism. The book presents an inte- grated political analysis of Rousseau’s educational, ethical, religious and political writings. The book will be essential readings for students of politics, philosophy and the history of ideas. ‘No society can survive without mutuality. Dr Qvortrup’s book shows that rights and responsibilities go hand in hand. It is an excellent primer for any- one wishing to understand how renewal of democracy hinges on a strong civil society’ The Rt. Hon. David Blunkett, MP ‘Rousseau has often been singled out as a precursor of totalitarian thought. Dr Qvortrup argues persuasively that Rousseau was nothing of the sort. Through an array of chapters the book gives an insightful account of Rousseau’s contribution to modern philosophy, and how he inspired individuals as diverse as Mozart, Tolstoi, Goethe, and Kant’ John Grey, Professor of European Political Thought,LSE ‘Qvortrup has written a highly readable and original book on Rousseau. He approaches the subject of Rousseau’s social and political philosophy with an attractively broad vision of Rousseau’s thought in the context of the development of modernity, including our contemporary concerns. -
Inter-Religious Relations in a Sectarian Milieu: Fāṭimid Rulers in Relationship to Their Melkite Christian Subjects in Palestine and Egypt
INTER-RELIGIOUS RELATIONS IN A SECTARIAN MILIEU: FĀṬIMID RULERS IN RELATIONSHIP TO THEIR MELKITE CHRISTIAN SUBJECTS IN PALESTINE AND EGYPT A Thesis submitted to the Faculty of the Graduate School of Arts and Sciences of Georgetown University In partial fulfilment of the requirements for the Degree of a Doctor of Philosophy in Theological and Religious Studies By Steven Matthew Gertz, M.A. Washington, D.C. August 24, 2020 Copyright 2020 by Steven Matthew Gertz All Rights Reserved ii INTER-RELIGIOUS RELATIONS IN A SECTARIAN MILIEU: FĀṬIMID RULERS IN RELATIONSHIP TO THEIR MELKITE CHRISTIAN SUBJECTS IN PALESTINE AND EGYPT Steven Matthew Gertz, M.A. Thesis Advisor: Daniel Madigan, S.J. ABSTRACT This dissertation undertakes a historical study of the Fāṭimid caliphate in Palestine and Egypt during the fourth/tenth and fifth/eleventh centuries in order to first, better understand how religious principles (ascertained through the study of law) and politics (ascertained through the study of history) interact in a sectarian milieu, and second, contribute to the study of Islamic religious identity formation as it concerns sectarianism within Islam and inter-religious relations with non- Muslims. It considers the juristic categorization (ḥukm) Fāṭimids employed regarding non-Muslims in the fiqh of the Fāṭimid jurist al-Qāḍī al-Nuʿmān, and it compares that with current research on Imāmī and Sunnī fiqh concerning non-Muslims. The study finds general agreement between Imāmīs and the Fāṭimids as to how Muslims should think about dhimmīs, with both groups placing dhimmīs in the category of mushrikūn. It also considers the relationship of Fāṭimid legal reasoning to caliphal policies during the reigns of al-ʿAzīz, al-Ḥākim, al-Ẓāhir, and al-Mustanṣir toward Christian dhimmīs, particularly those subjects living within range of Sunnī incursions and rebellions. -
“Coming Out” Or “Staying in the Closet”– Deconversion Narratives of Muslim Apostates in Jordan
MARBURG JOURNAL OF RELIGION, Vol. 18, No. 1 (2016) 1 “Coming Out” or “Staying in the Closet”– Deconversion Narratives of Muslim Apostates in Jordan Katarzyna Sidło Abstract This article describes a pilot study conducted between 22.03.2013 and 22.05.2013 among deconverts from Islam in Jordan. Due to the religious and cultural taboo surrounding apostasy, those who left Islam are notoriously difficult to access in a systematic way and constitute what is known in social research as a ‘hidden’ or ‘hard-to-reach’ population. Consequently, the non-probability sampling methods, namely an online survey, were used to recruit participants to the study. The objective of this research was threefold: (a) exploring the community of apostates from Islam in Jordan, (b) understanding the rationale behind decision to disaffiliate from Islam, and (c) analysing their narratives of deconversion. In addition, this paper examines the changes that occurred in respondents’ lives as a result of their apostasy and the degree of secrecy about their decision. Background The problem of apostasy from Islam is a complex and controversial one. The Quran itself does not explicitly name death as a prescribed penalty for abandoning Islam. The commonly agreed interpretation of the few verses (Arabic – ayats) that mention apostasy is to the effect that Allah will inflict punishment on apostates in the afterlife (Quran, 2:17, 3:87, 9:74, 18:291; usually invoked in this context is ayat from surah Al-Baqara (2:256) “There is no compulsion in religion”2). In the Sunna, on the other hand, we can find a number of hadiths (e.g. -
On the Demon-Mania of Witches, Jean Bodin (1580).Pdf
Jean Bodin On the Demon-Mania of W itches Translated by Randy A. Scott Abridged with an Introduction by Jonathan L. Pearl Notes by Randy A. Scott and Jonathan L. Pearl Toronto Centre for Reformation and Renaissance Studies 2001 CRRS Publications Centre for Reformation and Renaissance Studies Victoria University in the University of Toronto Toronto, Canada M5S 1K7 ® 2001 by the Centre for Reformation and Renaissance Studies All rights reserved. Canadian Cataloguing in Publication Data Bodin, Jean, 1530-1596 On the demon-mania of witches (Renaissance and Reformation texts in translation ; 7) Translation of: De la dcmonomanie des sorciers. Includes bibliographical references. ISBN 0-9697512-5-7 I. Witchcraft. 2. Magic. I. Scott, Randy A., 1944- II. Pearl, Jonathan L. III. Victoria University (Toronto, Ont.). Centre for Reformation and Renaissance Studies. IV. Title. V. Series. BF1602.B6313 1995 133.4 C95-931520-9 No part of this book may be translated or reproduced in any form, by print, photoprint, microfilm, or any other means, without written permission from the publisher. Cover illustration: woodcut from Francesco Maria Guazzo, Compendium Male- ficarum (1608). Cover design: Ian MacKenzie, ParaGraphics This book has been published with the help of a grant from the Canadian Federation for the Humanities, using funds provided by the Social Sciences and Humanities Research Council of Canada. For Victor E. Graham and to our wives Kathy Pearl and Karen Scott with gratitude for their forebearance - Contents Introduction 9 The French Religious -
SOVEREIGNTY’ and INTERNATIONAL LAW Bodin’S ‘Sovereignty’ STÉPHANE BEAULAC*
THE SOCIAL POWER OF BODIN’S ‘SOVEREIGNTY’ AND INTERNATIONAL LAW Bodin’s ‘Sovereignty’ STÉPHANE BEAULAC* [The word ‘sovereignty’ provides a forceful example of the social power of language as an organic instrument playing a leading role in the continuous and continuing process of creating and transforming human reality. The paper examines a pivotal episode in the history of the word ‘sovereignty’ — its formal introduction in the 16th century by Jean Bodin in his Six Livres de la Republique. It focuses on the social effects ‘sovereignty’ has had on the shared consciousness of humanity, including that of the international community. The proposed metalogical inquiry adopts a method that draws from the hermeneutic school of historical knowledge. The argument is that Bodin used ‘sovereignty’ for the purpose of attributing to the ruler (the French king) supreme power in the hierarchical organisational structure of society. This idea of a pyramid of authority is found in different elements of the discourse in Six Livres de la Republique, which is examined in the immediate context of Bodin’s personal background as well as the extended social, political and intellectual context of 16th century France. The conclusion shows that Bodin’s work was the first seminal step in the development of contemporary ideas of ‘internal sovereignty’ and ‘external sovereignty’. It is thus part of the history of the true power that the word at hand has exercised in framing the international state system and hence the international legal system.] CONTENTS I Introduction -
The People's Court: on the Intellectual Origins of American Judicial Power
Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2021 The People's Court: On the Intellectual Origins of American Judicial Power Ian C. Bartrum University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Constitutional Law Commons Recommended Citation Bartrum, Ian C., "The People's Court: On the Intellectual Origins of American Judicial Power" (2021). Scholarly Works. 1332. https://scholars.law.unlv.edu/facpub/1332 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact [email protected]. Articles The People's Court: On the Intellectual Origins of American Judicial Power Ian Bartrum* ABSTRACT This article enters into the modern debate between "consti- tutional departmentalists"-who contend that the executive and legislative branches share constitutional interpretive authority with the courts-and what are sometimes called "judicial supremacists." After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp. This is an intellectual history of two evolving political ideas-popular sovereignty and the separation of powers-which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, we must expand the traditional conception of the "separation of powers" to include not just distinct institutional functions, but also the structured division of the sovereign pre- * Professor of Law, William S. -
Recognizing Yezidi Genocide: Perspectives and Challenges of Initiating an (Inter)National Tribunal for the Crimes of ISIS Against Yezidi Minority
Maastricht University European Master’s Degree in Human Rights and Democratisation A.Y. 2018/2019 Recognizing Yezidi Genocide: Perspectives and Challenges of Initiating an (Inter)National Tribunal for the Crimes of ISIS against Yezidi Minority Author: Mirza ALI Supervisor: Prof. Andre Klip 1 ABSTRACT: This interdisciplinary research dissertation is based on the legal analysis about the characteristics of crimes of ISIS, possible recognition of Yezidi genocide according to the provisions of international criminal law and perspectives of initiating a special tribunal for the crimes of ISIS against Yezidi minority. The thesis compares evidence of the incidences and atrocities of ISIS with provisions of the UN Genocide Convention and other international treaties to find out whether Yezidis belong to a protected group under international law and whether these crimes could be legally named as genocide, crimes against humanity or war crimes. Secondly, the study highlights the international reactions and symbolic political recognition of Yezidi genocide worldwide and explains the obligations of those states who recognized the genocide by taking three examples of the USA, UK and European Union to examine what they did post-recognition and whether their measures promoted the initiation of a legal entity to punish the crimes of ISIS. Finally, this thesis analysis the perspectives and challenges of establishing a national or international tribunal for the crimes of ISIS, by highlighting the obstacles and possibilities for three roads towards bringing justice: referring the case to ICC; establishment of an Ad hoc/Hybrid tribunal; or the activation of an Iraqi national jurisdiction for international crimes. On the basis that facts are given about the current legal situation and appropriate ideas are recommended to reform Iraqi law in order to fulfil the contemporary standards of ICL and comply with the principles of international human rights.