Legal theory and jurisprudence Quotes

“Learn! For learning is an adornment for one who possesses it, avirtue and a prelude to every praiseworthy action. Profit eachday by increasing [your] learning, and swimming in the seas ofbeneficial knowledge. Give yourself up to the study of jurisprudence,for the knowledge of jurisprudence is the best guide to piety andthe fear of God, and it is the straightest path to the ultimate goal.It is the milestone leading to the ways of proper guidance;it is the fortress that saves [one] from all hardships.Indeed, one godly person versed in jurisprudence is more powerfulagainst Satan than a thousand [ordinary] worshipers.”

“The science, the art, the jurisprudence, the chief political and social theories, of the modern world have grown out of Greece and Rome—not by favour of, but in the teeth of, the fundamental teachings of early Christianity, to which science, art, and any serious occupation with the things of this world were alike despicable.”

“In times of strife, taliban have usually mobilized in defense of tradition. British documents from as early as 1901 decry taliban opposition to colonialism in present-day Pakistan. However, as with so much else, it was the Soviet invasion and the US response that sent the transformative shock. In the 1980s, as guns and money coursed through the ranks of the Kandahar mujahedeen, squabbling over resources grew so frequent that many increasingly turned to religious law to settle their disputes. Small, informal bands of taliban, who were also battling against the Russians, established religious courts that heard cases from feuding fighters from across the south. Seemingly impervious to the lure of foreign riches, the taliban courts were in many eyes the last refuge of tradition in a world in upheaval....Thousands of talibs rallied to the cause, and an informal, centuries-old phenomenon of the Pashtun countryside morphed into a formal political and military movement, the Taliban. As a group of judges and legal-minded students, the Taliban applied themselves to the problem of anarchy with an unforgiving platform of law and order. The mujahedeen had lost their way, abandoned their religious principles, and dragged society into a lawless pit. So unlike most revolutionary movements, Islamic or otherwise, the Taliban did not seek to overthrow an existing state and substitute it with one to their liking. Rather, they sought to build a new state where none existed. This called for “eliminating the arbitrary rule of the gun and replacing it with the rule of law—and for countryside judges who had arisen as an alternative to a broken tribal system, this could only mean religious law.Jurisprudence is thus part of the Taliban’s DNA, but its single-minded pursuit was carried out to the exclusion of all other aspects of basic governance. It was an approach that flirted dangerously with the wrong kind of innovation: in the countryside, the choice was traditionally yours whether to seek justice in religious or in tribal courts, yet now the Taliban mandated religious law as the compulsory law of the land. It is true that, given the nature of the civil war, any law was better than none at all—but as soon as things settled down, fresh problems arose. The Taliban’s jurisprudence was syncretic, mixing elements from disparate schools of Islam along with heavy doses of traditional countryside Pashtun practice that had little to do with religion. As a result, once the Taliban marched beyond the rural Pashtun belt and into cities like Kabul or the ethnic minority regions of northern Afghanistan, they encountered a resentment that rapidly bred opposition.”

“the study of jurisprudence, by which I must earn my bread, has so withered and frozen the flowers of my fancy that they will never again seek the light. (To his Mother, November 11, 1829)”

“In the early centuries of Islam, the great schools of Islamic jurisprudence were built upon the above principles. Basic to all their legal systems they developed the doctrine that liberty is the fundamental basis of law.”

“For most inhabitants of the Arab world, the prevailing cultural attitude toward women - fed and encouraged by Wahhabi doctrine, which is based on Bedouin social norms rather than Islamic jurisprudence - often trumps the rights accorded to women by Islam.”

“All significant concepts of the modern theory of the state are secularized theological concepts not only because of their historical development - in which they were transferred from theology to the theory of the state, whereby, for example, the omnipotent god became the omnipotent lawgiver - but also because of their systematic structure, the recognition of which is necessary for a sociological consideration of these concepts. The exception in jurisprudence is analogous to the miracle in theology. Only by being aware of this analogy can we appreciate the manner in which the philosophical ideas of the state developed in the last centuries.”

“The first revolution is to transform the status of evaluation from untouchable to respectable , i.e., from the days a century ago when the value-free doctrine held that there could be no place for the serious treatment of evaluation within the sciences (or in the company of other respectable disciplines like history, jurisprudence, mathematics, etc.) to the days when even the National Academy of Sciences is doing evaluations at the request of Congress without protest from leading scientific and other professional organizations, and everyone will have good reasons for this acceptance.”

“Hauriou, became a crown witness for us when he confirmed this connection in 1916, in the midst of WWI: “The revolution of 1789 had no other goal than absolute access to the writing of legal statutes and the systematic destruction of customary institutions. It resulted in a state of permanent revolution because the mobility of the writing of laws did not provide for the stability of certain customary institutions, because the forces of change were stronger than the forces of stability. Social and political life in France was completely emptied of institutions and was only able to provisionally maintain itself by sudden jolts spurred by the heightened morality.”