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This monograph proposes a new (dialogical) way of studying the different forms of correlational inference, known in the Islamic jurisprudence as qiyās. According to the authors’ view, qiyās represents an innovative and sophisticated form of dialectical reasoning that not only provides new epistemological insights into legal argumentation in general (including legal reasoning in Common and Civil Law) but also furnishes a fine-grained pattern for parallel reasoning which can be deployed in a wide range of problem-solving contexts and does not seem to reduce to the standard forms of analogical reasoning studied in contemporary philosophy of science and argumentation theory. After an overview of the emergence of qiyās and of the work of al-Shīrāzī penned by Soufi Youcef, the authors discuss al-Shīrāzī’s classification of correlational inferences of the occasioning factor (qiyās al-'illa). The second part of the volume deliberates on the system of correlational inferences by indication and resemblance (qiyās al-dalāla, qiyās al-shabah). The third part develops the main theoretical background of the authors’ work, namely, the dialogical approach to Martin-Löf's Constructive Type Theory. The authors present this in a general form and independently of adaptations deployed in parts I and II. Part III also includes an appendix on the relevant notions of Constructive Type Theory, which has been extracted from an overview written by Ansten Klev. The book concludes with some brief remarks on contemporary approaches to analogy in Common and Civil Law and also to parallel reasoning in general.
This book provides an epistemological study of the great Islamic scholar of Banjarese origin, Syeikh Muhammad Arsyad al-Banjari (1710-1812) who contributed to the development of Islam in Indonesia and, in general, Southeast Asia. The work focuses on Arsyad al-Banjari’s dialectical use and understanding of qiyās or correlational inference as a model of parallel reasoning or analogy in Islamic jurisprudence. This constituted the most prominent instrument he applied in his effort of integrating Islamic law into the Banjarese society.This work studies how Arsyad al-Banjari integrates jadal theory or dialectic in Islamic jurisprudence, within his application of qiyās. The author develops a framework for qiyās which acts as the interface between jadal, dialogical logic, and Per Martin-Löf’s Constructive Type Theory (CTT). One of the epistemological results emerging from the present study is that the different forms of qiyās applied by Arsyad al-Banjari represent an innovative and sophisticated form of reasoning. The volume is divided into three parts that discuss the types of qiyās as well their dialectical and argumentative aspects, historical background and context of Banjar, and demonstrates how the theory of qiyās comes quite close to the contemporary model of parallel reasoning for sciences and mathematics developed by Paul Bartha (2010). This volume will be of interest to historians and philosophers in general, and logicians and historians of philosophy in particular.
This book focuses on dialog from a varied combination of fields: Linguistics, Philosophy of Language and Computation. It builds on the hypothesis that meaning in human communication arises at the discourse level rather than at the word level. The book offers a complex analytical framework and integration of the central areas of research around human communication. The content revolves around meaning but it also gives evidence of the connection among different points of view. Besides discussing issues of general interest to the field, the book triggers theoretical argumentation that is currently under scientific discussion. It examines such topics as immanent reasoning joined with Recanati's lekta and free enrichment, challenges of internet conversation, inner dialogs, cognition and language, and the relation between assertion and denial. It proposes a dialogical framework for intra-negotiation and gives a geolinguistic perspective on spoken discourse. Finally, it examines dialog and abduction and sheds light on a generation of dialog contexts by means of multimodal logic applied to speech acts.
This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.
The book contains a collection of chapters written by experts from the fields of philosophy, law, logic, computer science and artificial intelligence who pay tribute to Professor Risto Hilpinen's impressive work on the logic of induction, on deontic logic and epistemology, and on philosophy of science. In addition to an introduction by the editors, a section on Professor Hilpinen’s positions, professional services and honors, as well as a complete bibliography of his writings, the editors, McNamara, Jones and Brown, have compiled a multidisciplinary global cross-section of academic contemporaries that provides insights and perspectives on Hilpinen's influence and legacy. The essays reflect central aspects of Risto Hilpinen's research interests, and offer further contributions to some of the philosophical fields for which he is best known: applied modal logic, including deontic logic (from the ancient Greek δέον déon, pertaining to the concepts of duty and obligation), the semantics of normative language, the logic of action, and the theory of practical reasoning; the analysis of the concept of artifact; and the theory of semiotics in the tradition of Charles Peirce. The presence in the collection of several papers relating to deontic logic underlines Hilpinen's importance in that area, in which his publications have long been recognized as standard works. The book is an essential collection of ideas for all those who feel at home in a variety of formal disciplines, from propositional logic to the logic of artificial intelligence.
In a richly narrated historical study, Youcef Soufi excavates an Islamic legal culture of critique from the 10th to 13th centuries. Focusing on the practice of munā.zara (disputation), Soufi explores how and why oral debates became a pervasive and revered part of the intellectual legal landscape of Iraq and Persia. Using the life and career of celebrated Iraqi jurist Abū Is.hāq al-Shīrāzī, he traces the formalization of debate gatherings at the dawn of the classical legal schools (al-madhāhib) in the early 10th century and analyzes the wider institutional, social, and discursive conditions that made debate an important feature of any jurist's practice. Pushing back against claims that classical Muslim jurists sought to weed out differences of opinion, The Rise of Critical Islam presents a community committed to the openness, fluidity, and continued exploration of the law. Challenging the view of debate gatherings simply as mechanisms of doctrinal resolution before codification, the study reveals a classical culture where critical debates were part of a continual and personal quest to discover God's law. In uncovering this classical legal culture, Soufi invites readers to question claims about the promise of secular critique in disciplining religious passions and forging human solidarity.
This book examines argumentative situations as they develop in different cultures and language groups. It considers the development of argumentation studies, making greater allowance for the specificities of argument as developed by “non-mainstream cultures”; the contribution of Jainism to the framework of philosophical disputation in India; duel songs as an institutionalized argumentative genre practiced by Ammassalik culture within the Inuit community; the application of the Muslim theological-legal reasoning system to evaluate two traditional, pre-Muslim traditional practices in Borneo; the annotation of schemes on the basis of Walton’s taxonomy of argument schemes and Wagemans’ Periodic Table of Arguments; methodology proposed for the reconstruction and analysis of “double-mode” arguments in advertisements, combining the instruments developed in social semiotics, pragmatics, and argumentation theory; and a review of the argumentation-theoretical literature on metaphor in argumentative discourse. This book is of interest to students and researchers in argumentation studies, rhetoric, philosophy, cultural studies and language studies. Previously published in Argumentation Volume 35, issue 1, March 2021 Chapters "Annotating Argument Schemes" and "The Study of Metaphor in Argumentation Theory" are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
This book brings together the study of two great disciplines of the Islamic world: law and philosophy. In both sunni and shiite Islam, it became the norm for scholars to acquire a high level of expertise in the legal tradition. Thus some of the greatest names in the history of Aristotelianism were trained jurists, like Averroes, or commented on the status and nature of law, like al-Fārābī. While such authors sought to put law in its place relative to the philosophical disciplines, others criticized philosophy from a legal viewpoint, like al-Ghazālī and Ibn Taymiyya. But this collection of papers does not only explore the relative standing of law and philosophy. It also looks at how philosophers, theologians, and jurists answered philosophical questions that arise from jurisprudence itself. What is the logical structure of a well-formed legal argument? What standard of certainty needs to be attained in passing down judgments, and how is that standard reached? What are the sources of valid legal judgment and what makes these sources authoritative? May a believer be excused on grounds of ignorance? Together the contributions provide an unprecedented demonstration of the close connections between philosophy and law in Islamic society, while also highlighting the philosophical interest of texts normally studied only by legal historians.
What is language? How did it originate and how does it work? What is its relation to thought and, beyond thought, to reality? Questions like these have been at the center of lively debate ever since the rise of scholarly activities in the Islamic world during the 8th/9th century. However, in contrast to contemporary philosophy, they were not tackled by scholars adhering to only one specific discipline. Rather, they were addressed across multiple fields and domains, no less by linguists, legal theorists, and theologians than by Aristotelian philosophers. In response to the different challenges faced by these disciplines, highly sophisticated and more specialized areas emerged, comparable to what nowadays would be referred to as semantics, pragmatics, and hermeneutics, to name but a few – fields of research that are pursued to this day and still flourish in some of the traditional schools. Philosophy of language, thus, has been a major theme throughout Islamic intellectual culture in general; a theme which, probably due to its trans-disciplinary nature, has largely been neglected by modern research. This book brings together for the first time experts from the various fields involved, in order to explore the riches of this tradition and make them accessible to a broader public interested both in philosophy and the history of ideas more generally.
This edited book brings together research work in the field of constructive semantics with scholarship on the phenomenological foundations of logic and mathematics. It addresses one of the central issues in the epistemology and philosophy of mathematics, namely the relationship between phenomenological meaning constitution and constructive semantics. Contributing authors explore deep structural connections and fundamental differences between phenomenology and constructivism. Papers are drawn from contributions to a prestigious workshop held at the University of Friedrichshafen. Readers will discover insight into structural connections between the phenomenological concept of meaning constitution and constructivist concepts of meaning. Discussion ranges from more specific conceptualizations in the philosophy of logic and mathematics to more general considerations in epistemology, inferential semantics and phenomenology. Questions such as a possible phenomenological understanding of the relationship between structural rules and particle rules in dialogical logic are explored. Significant aspects of both phenomenology and dialectics, and dialectics and constructivism emerge. Graduates and researchers of philosophy, especially logic, as well as scholars of mathematics will all find something of interest in the expert insights presented in this volume.