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Jurisprudence: Outlines, Diagrams, and Study Sheets is a collection of outlines and diagrams as an aid to the study of Jurisprudence and Legal Theory. Designed to help you get the big picture of the theories, jurists, and philosophical and historical background of the subject. Use the diagrams to see an overall picture of each subtopic before you begin reading your texts, to organize your notes, and to review and revise. Prepare for your exams by using them to test your knowledge on the details. This book covers the following topics: Introduction to Jurisprudence The Nature of Legal Theory Hobbes, Bentham, and Austin: Imperative Theory Natural Law Theory HLA Hart's The Concept of Law The Rule of Recognition Hart's Defenses Against Natural Law Theory and Fuller Raz's Theory of Law: Service Conception Practical Reason Kelsen's Theory of Law: Norms and Delicts Dworkin's Theory of Law Marxism and Marxist Legal Theory Liberalism Feminist Legal Theory Part of the Legal Yankee VisuaLaw Series, this study aid joins the others in the series on Introduction to the Common Law, Criminal Law, Con and Admin Law, Contract Law, Law of Tort, Property Law, and Commercial Law: Diagrams for Law Students. Visit www.legalyankee.com for more information.
The dearth of materials in the English language in the somewhat complex subject matter of classical jurisprudence is addressed in this study. It highlights the uniqueness of Islamic jurisprudence as a developed system because of its exactitude in terms of meaning, province and scope. The book serves as an introductory text on the basic principles of Islamic jurisprudence for judges, lawyers, academicians, especially law lecturers, students of law specialising in Islamic law, and the general public. The contents cover: Introduction to Islamic jurisprudence; Shari'ah - Islamic law; Obligations and duties; Duties created by the Hukm (rule of law); Declaratory rule (Hukm Wad'I; Legal capacity (Ahliyyah); Haqq ; The sources of Islamic law; The primary sources; Holy Qur'an as the primary source; Ijma - consensus of opinion; The secondary sources; Istihsab - juristic equity or preference; Maslahah Mursalah or Istislah - considerations of public interest or extended analogy; Istishab - presumption of continuity; Urf - custom; Sadd al-Dhara'I; Ijtihad]; Bibliography; Index
Outlines of Islamic jurisprudence covers a number of topics of usul al-fiqh, sometimes in abridged form, that have been covered in the title on the subject of Islamic Jurisprudence by the same author. The significance of this book can only be understood through a comparison with that book. Islamic jurisprudence focuses on the discipline of usul al-fiqh and deals with it in an exhaustive way. It, thus, covers the different aspects of interpretation and theories of Islamic law. The present book includes some of the topics covered in that book. The bulk of Outlines of Islamic Jurisprudence, however, summarizes the entire law of Islam presenting it in a concise yet effective way. Property, contracts, evidence, procedure, constitutional matters and issues of Muslim personal law (family law) are dealt with efficiently. The last part of the book also includes information on the schools of law and their history. Due to the treatment of the entire Islamic law in a comprehensive way, the book is like a short encyclopedia. The book was first published in 1998 and is now in its sixth edition. It is very popular among law students, lawyers and even the general readers. Minor improvements to the book have been made over the years and it is constantly updated. Parts of the book dealing with property and contracts are taught independently as a one semester course on contracts, in particular for Islamic banking. The section on the history of the schools serves as a brief introduction to the law of Islam.