sayyed abolghasem naghibi
Volume 18, Issue 4 , March 2018, , Pages 71-86
Abstract
Abstract
Philosophy of jurisprudence is a branch of additional philosophy in which jurisprudence as the science of legal laws is analyzed and described via detailed reasoning from an outer viewpoint and with an approach of second-degree knowledge. Theoretical analysis of jurisprudence as a science that ...
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Abstract
Philosophy of jurisprudence is a branch of additional philosophy in which jurisprudence as the science of legal laws is analyzed and described via detailed reasoning from an outer viewpoint and with an approach of second-degree knowledge. Theoretical analysis of jurisprudence as a science that has come true through the culture, history and civilization of Islam leads to a general theory about it. The general theory in the field of jurisprudence, regardless of the sect, subject and specific era, is called philosophy of jurisprudence. The quiddity of jurisprudent is explained and jurisprudential propositions are described in the philosophy of jurisprudence. The efficiency of the logic of jurisprudence is assessed from the methodological viewpoint that leads to the base of jurisprudence. The validity of the sources and reasons containing the legal law are also assessed. The relation and connection between jurisprudence and other sciences are presented and the way a jurist, in producing jurisprudential teachings, gets influenced by human and experimental sciences gets explained. Each of the abovementioned topics and other ones contains an important problem in the field of philosophy of jurisprudence. Debating the problems of philosophy of jurisprudence leads to a general and comprehensive view on jurisprudence in a way that affects the intra-jurisprudential studies of the jurist.
