1.

Record Nr.

UNINA9910799480503321

Autore

Ramaioli Federico Lorenzo

Titolo

Juridical Perspectives between Islam and the West : A Tale of Two Worlds / / by Federico Lorenzo Ramaioli

Pubbl/distr/stampa

Cham : , : Springer International Publishing : , : Imprint : Palgrave Macmillan, , 2023

ISBN

9783031378447

303137844X

Edizione

[1st ed. 2023.]

Descrizione fisica

1 online resource (296 pages)

Collana

Global Issues, , 2947-8871

Disciplina

354.81150006

Soggetti

Political science

Law - Philosophy

Law - History

Religion and law

Conflict of laws

International law

Comparative law

Politics and International Studies

Theories of Law, Philosophy of Law, Legal History

Law and Religion

Private International Law, International and Foreign Law, Comparative Law

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

INTRODUCTION:THE WEST AND ISLAM: JURIDICAL CATEGORIES IN A TRANSITIONAL GLOBAL SCENARIO -- CHAPTER I: SOVEREIGNTY AND UNIVERSALISM AFTER WESTPHALIA  -- CHAPTER II: THE LEVIATHAN AND THE CALIPH BETWEEN AUTHORITY AND LAW -- CHAPTER III: LAW, SHARĪʿA AND HUMAN REASON -- CHAPTER IV: SPIRITUAL COMMAND AND TEMPORAL RULE -- CHAPTER V: ENTERING INTO A DIALOG: FROM THEORY TO PRACTICE -- CONCLUSION: NEW JURIDICAL INSTRUMENTS FOR A NEW WORLD.

Sommario/riassunto

This comparative philosophy of law book aims at formulating a new



analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders. The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".