The New Patterns of Epistemology of Legal Theorists (Uṣūlīs)
Journal Title: فقه و اصول - Year 2015, Vol 47, Issue 100
Abstract
The idea that the distinction of sciences has to be based on topics is facing serious criticisms and objections, since both arguments of the followers of this approach are violable and the history of science is replete with many examples that do not fit into this tight framework. This issue prompted some scholars such as Muḥaqqiq Khurāsānī to move toward distinction based on objective. This approach, however, faced some problems and came under criticisms. Therefore, the contemporary legal theorists proposed other patterns; some have undertaken to present a new explanation of the quiddity of the subject of science, some have brought up the similitude of propositions and finally most of them have given up exclusivism and tended toward integrative patterns, not regarding as sufficient reliance on just topic or just ultimate objective and unanimously insisting that the obligation for the distinction of sciences to be in terms of the distinction of topics is an unobligated commitment and there is no incentive for this commitment. Little by little, they inclined toward the theory that all the affairs involved in conceptual unity that are valid in rational integration have to be included and one of them alone would not be sufficient; therefore, the axis of unity and multiplicity is the validity resulting from observing the rational expediencies and the aspects involved in them and not the personal codified objective, nor the topic, predicate, desired object (ghāyat), etc. (alone).
Authors and Affiliations
Mahdi Nazemi Ardakani, Hamed Mustafavi Fard, Ahmad Ali Emami
Keywords
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- EP ID EP190096
- DOI 10.22067/fiqh.v47i20.30379
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