نوع مقاله : مقاله پژوهشی
نویسنده
استاد گروه علوم سیاسی و روابط بینالملل، دانشگاه شهید بهشتی، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The central question of the book *Jurisprudence, the People, and Governance* concerns the relationship between jurisprudence—as a traditional body of knowledge—and governance—as a modern concept—as well as the role of the people within that framework. In the author's view, answering this question hinges on specific epistemological imperatives within the realm of jurisprudence. Chief among these are the transition from "minimalist jurisprudence" to "maximalist jurisprudence" and the shift from jurisprudence as merely the "science of rulings" to a discipline encompassing both "rulings and theory." Based on these shifts, jurisprudence addresses not only the actions of the *mukallaf* (the religiously accountable individual) in the private sphere but also their socio-political actions. Furthermore, jurisprudence functions primarily as the study of religious rulings governing individual and social conduct, and secondarily as a discipline of theory-building. In the first stage, the jurist employs *ijtihad* (independent legal reasoning) to derive religious rulings from sacred texts. In the second stage, these rulings are transformed into jurisprudential propositions, and in the third stage, the aggregation of these propositions allows for the formulation of a jurisprudential theory. Under this framework, jurisprudence can be expected to address the concept of governance and the role of the people within it.
The book *Jurisprudence, the People, and Governance* represents an effort to reconceptualize jurisprudence to address the notion of governance and to articulate its capacity to advocate for a form of governance that
کلیدواژهها [English]
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