Leveraging Legal Indeterminacy
A Judeo-Islamic View of the Indeterminacy Problem and the Rule of Law
In: Journal of Law, Religion and StateSearch for other papers by Shlomo C. Pill in
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This article offers one response, rooted in traditional Jewish and Islamic perspectives of what it means to have a rule of law, to the problem of indeterminacy in Western jurisprudence. Some Jewish and Muslim scholars have conceptualized the rule of law not as a system of objective, democratic, prospective, stable, and equally applied substantive norms, but as the commitment of the legal community to be broadly and deeply engaged with studying, interpreting, and applying the materials and methods of their legal tradition as the principal source of normative conduct. This way of thinking about law, which I call “law-as-engagement,” has been deployed by Jewish and Muslim scholars to leverage the incidence of indeterminacy, disagreement, and judicial subjectivity in law for the purpose of reinforcing rather than undermining the rule of law.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1384 | 382 | 81 |
| Full Text Views | 472 | 4 | 1 |
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Leveraging Legal Indeterminacy
A Judeo-Islamic View of the Indeterminacy Problem and the Rule of Law
In: Journal of Law, Religion and StateSearch for other papers by Shlomo C. Pill in
Current site
Google Scholar
PubMed
This article offers one response, rooted in traditional Jewish and Islamic perspectives of what it means to have a rule of law, to the problem of indeterminacy in Western jurisprudence. Some Jewish and Muslim scholars have conceptualized the rule of law not as a system of objective, democratic, prospective, stable, and equally applied substantive norms, but as the commitment of the legal community to be broadly and deeply engaged with studying, interpreting, and applying the materials and methods of their legal tradition as the principal source of normative conduct. This way of thinking about law, which I call “law-as-engagement,” has been deployed by Jewish and Muslim scholars to leverage the incidence of indeterminacy, disagreement, and judicial subjectivity in law for the purpose of reinforcing rather than undermining the rule of law.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1384 | 382 | 81 |
| Full Text Views | 472 | 4 | 1 |
| PDF Views & Downloads | 275 | 0 | 0 |
