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This is the first broad study of the treatment of intent in Islamic law, examining ritual, commercial, family, and penal law and providing new insights into Muslim understandings of law, religious ritual, action, agency, and language.
This title was first published in 2001. Legal systems are posited on the assumption that people are rational intentional agents who can choose to follow or break the law. This book connects the common interests of lawyers and philosophers in the meaning of intention and its relation to responsibility in legal, moral and political contexts.
A Pragmatic Analysis of Legal Proofs of Criminal Intent is a detailed investigation of proofs of criminal intent in Israeli courtrooms. The book analyses linguistic, pragmatic, interpretative and argumentative strategies used by Israeli lawyers and judges in order to examine the defendant’s intention. There can be no doubt that this subject is worthy of a thorough investigation. A person’s intention is a psychological phenomenon and therefore, unless the defendant chooses to confess his intent, it cannot be proven directly – either by evidence or by witnesses’ testimonies. The defendant’s intention must be inferred usually from the overall circumstances of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures should be taken into account. The linguistic analysis of these inferences presented here is necessarily comprehensive: it requires consideration of a variety of theoretical frameworks including speech act theory, discourse analysis, argumentation theory, polyphony theory and text linguistics.
A Pragmatic Analysis of Legal Proofs of Criminal Intent is a detailed investigation of proofs of criminal intent in Israeli courtrooms. The book analyses linguistic, pragmatic, interpretative and argumentative strategies used by Israeli lawyers and judges in order to examine the defendant's intention. There can be no doubt that this subject is worthy of a thorough investigation. A person's intention is a psychological phenomenon and therefore, unless the defendant chooses to confess his intent, it cannot be proven directly – either by evidence or by witnesses' testimonies. The defendant's intention must be inferred usually from the overall circumstances of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures should be taken into account. The linguistic analysis of these inferences presented here is necessarily comprehensive: it requires consideration of a variety of theoretical frameworks including speech act theory, discourse analysis, argumentation theory, polyphony theory and text linguistics.
A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.
A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.
The riveting account of the landmark "Hit Man Case"--involving a man who hired a contract killer to execute his ex-wife, his severely brain-damaged son, and the boy's nurse--written by a noted First Amendment attorney who risked his reputation and career to take on the case.
This book explores the nature and role of intent in pre-modern Islamic legal rule books, including ritual, commercial, family, and penal law. It argues that Muslim jurists treat intent as a definitive element of many actions regulated by the Shari’a, and they employ a variety of means and terms to assess and categorize subjective states. Through detailed analyses of medieval Islamic texts, aided by Western philosophical examinations of intent, the author presents technically detailed yet lucid arguments about Islamic religious ritual and spirituality, the ethics of business transactions, the role of the inner self in crime and punishment, and Muslim understandings of agency and language. This is the first extensive exploration of the crucial legal issue of intent in all major areas of Islamic substantive law.