Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 5 of 5 for “"Legal hermeneutics"”.
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Misplaced Methodologies: The Legal Hermeneutics of Muḥammad b. al Ḥasan al-Shaybānῑ (d.189/804)
… was this “unbridled law?” The pre-Shāfian legal culture has largely been considered rudimentary according to the dominant narrative in the field. The story goes on to state that though substantive law (furūʿ) may have matured to a large degree, the systemisation and conceptualisation of a …
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The Mythic Underpinnings of Originalism: A Rhetorical and Legal Analysis
… despite its presentation as a neutral legal methodology, functions as a mythic narrative rooted in American exceptionalism and reverence for the founding era. While contemporary legal and political conditions differ radically from those of the 18th century, originalist jurists insist on …
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Interpretation as epieikeia: Aristotelian ethics as a paradigm for Hans-Georg Gadamer's philosophical hermeneutics
… between Hans-Georg Gadamer's philosophical hermeneutics―focusing on his magnum opus, Truth and Method (1960)―and Aristotle's Nicomachean Ethics. Though he patiently waits until two thirds of the book to explicitly make such a rapprochement, Gadamer unambiguously claims Aristotle's Ethics to …
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Al-Jāḥiẓ’s Treatises on the Imamate
… two main interpretative paradigms: Shāfiʽite legal hermeneutics and Muʽtazilite epistemology. I shall analyse al-Jāhiẓ’s texts individually, by focusing on the particular arguments adduced by different religious groups, and on the two central ideas that underpin all these works: first, …