Tradition in Religion and Law*
To what extent can human legal thought be encompassed by the divine and share its character, or alternatively, stand free of the divine and constitute an autonomous field of normativity? Answers to these large questions may understandably differ, yet answers appear both necessary and important. If h...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2009
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| In: |
Journal of law and religion
Year: 2009, Volume: 25, Issue: 2, Pages: 503-519 |
| Online Access: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | To what extent can human legal thought be encompassed by the divine and share its character, or alternatively, stand free of the divine and constitute an autonomous field of normativity? Answers to these large questions may understandably differ, yet answers appear both necessary and important. If human legal thought is somehow brought within the divine, it may share its immutable character, and ossify. Islamic law, at least in its Sunni variant, may currently represent an example of this. If human legal thought stands free of divinity, it may be fundamentally lacking in authority. Examples are found in failed states, and perhaps elsewhere. The religions and laws of the world therefore provide answers, often nuanced, to the questions, and even correctives to the answers they provide. The debate turns around the notion of tradition. |
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| ISSN: | 2163-3088 |
| Contains: | Enthalten in: Journal of law and religion
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| Persistent identifiers: | DOI: 10.1017/S0748081400001235 |