The Dialectical Forge identifies dialectical disputation as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic (...) law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn through a lens molded from 5th/11th century jadal-theory treatises. Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters. (shrink)

Digital technology, including artificial intelligence, is having a dramatic impact on the professions of medicine, law, journalism, finance, and others. Some suggest that clergy will also be affected. We describe recent progress in designing artificially intelligent systems, suggesting that this is possible, perhaps even likely. We investigate ways in which technology currently is affecting ministry and outline some plausible scenarios in which digital systems could supplement or supplant clergy in some areas, specifically preaching and pastoral care. We also raise some (...) theological issues raised by the use of digital systems in ministry. (shrink)

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the studies (...) of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

Much work has been done on specific instances of residuated lattices with modal operators . In this paper, we develop a general framework that subsumes three important classes of modal residuated lattices: interior algebras, Abelian ℓ-groups with conuclei, and negative cones of ℓ-groups with nuclei. We then use this framework to obtain results about these three cases simultaneously. In particular, we show that a categorical equivalence exists in each of these cases. The approach used here emphasizes the role played by (...) reducts in the proofs of these categorical equivalences. Lastly, we develop a connection between translations of logics and images of modal operators. (shrink)

Philosophical and theological conceptions of eternity frequently define it through a contrast with time’s transience. These conceptions reflect the widespread influence of Augustine’s idea of eternity, where eternity stands atemporally in opposition to time. Such conceptions are problematic for both divine and human relations to the world. However, the work of Plotinus and Boethius shows that eternity can be conceived more inclusively—as transcending time, but nonetheless including temporal change and dynamism within its presence. This facilitates Boethius’ views of divine knowledge (...) and human freedom in ways that are not available to Augustine. His work demonstrates how an inclusive conception of eternity can reconcile the pursuit of eternal wisdom with a commitment to ethical responsibility within the temporal flow of the world. (shrink)

The workshop will discuss new insights in the interaction between logic and law, and more precisely the study of different answers to the question: What role does logic play in legal reasoning? It will present both current challenges and historical perspectives in the relation between logic and law. The perspectives to be discussed involve the interface of the following studies.

This paper presents empirical data which allow us to examine how ethical aspects influence ethical consumers’ brand choices on technology-based products,such as washing machines, fridge freezers, and cars. Predicted by the literature review, the majority of our interviewees did make their brand choice based onreliability. However, we found that ethical consumers’ concept of reliability includes not only functionality but also ethical values. The results suggest that we have to reconsider whether considerations of companies’ ethical standards are the only indicators of (...) brand choice as a shortcut of the assessment of business ethics or whether various forms of ethical considerations including ethically reconstructed reliability can also a contribute to this. (shrink)

The domain of Islamic thought and intellectual history boasts an important body of studies relevant to the Arabic philosophy of language, as well as a growing interest in Islamicate argumentation theory and practice. There remains, however, a dearth of volumes which pool research from both areas and examine them together. Filling this gap is more critical than ever. In our time, significant work is being conducted in argumentation theory, but little of it draws from, or relates to, the rich i...

Qiyās, or “correlational inference” (often glossed as “analogy”), comprises a primary set of methodological tools recognized by a majority of premodern Sunnī jurists. Its elements, valid modes, and proper applications were the focus of continual argument and refinement. A particular area of debate was the methodology of determining or justifying the ʿilla: the legal cause (or occasioning factor, or ratio legis) giving rise to a ruling in God’s Law. This was most often discussed (and disputed) under the rubric of “the (...) modes of causal justification” (masālik al-taʿlīl). Among these modes was the much debated test of dawarān (concomitance of presumed cause and effect). In brief, proponents of dawarān employed it to justify claims that a property (waṣf) occasioned the ruling (ḥukm) in an authoritative source-case (aṣl). In concert with other considerations, the demonstrated co-presence (ṭard) and co-absence (ʿaks) of property and ruling—that is, their concomitance “in existence” (wujūdan) and “in nonexistence” (ʿadaman)— was taken as an indication that the property was the ruling’s ʿilla. Delving further into dawarān and causation (ʿilliyya), the current study interprets “in existence” and “in nonexistence” not as a kind of metaphor for true and false (within the framework of a classical truth-functional formal semantics), but as an accurate terminology vis-à-vis the meaning of causality statements, fully compatible with dominant Islamicate views on causal agency. In brief, a deeper logical and linguistic analysis of the different existential modes of dawarān strongly suggests that we should distinguish property (or phenomenon) and ruling (or effect) as types (concepts or propositions linguistically expressed by a sentence) as opposed to tokens (instantiations of the type; the real, ontological events that verify the proposition). Our reading of dawarān as shaped by a finer-grained structure not only allows us to identify the efficient occasioning process as a function which takes some particular token of the ʿilla (arguably, the property or properties which provide the ruling’s material cause) and renders a token of the general ruling type, but it allows us to elucidate the role of taʿlīl (causal justification) in shaping an epistemological theory of argument to the best explanation: a sophisticated, premodern manifestation of abductive reasoning. (shrink)

Although campaigns for universal human rights have been intellectually and emotionally compelling for many anthropologists, they have tended to embroil them in fruitless polemics about cultural relativism with non-Western thinkers and policy-makers. Often “universalist” discourses about “rights” depend on values and distinctions that are far from universal and that stem, in fact, from Christian, secular, or “modernist” notions about punishment, suffering, and redemption. To make some practical contribution to the struggle for human dignity in the Middle East, it may be (...) preferable to aim for a more limited goal: the abolition of torture in the region. Consensus about the illegitimacy of torture is more easily reached, since none of the Middle East's religious or philosophical traditions condone it. What is more, empirical data demonstrate that torture has increased in frequency in the region and is widely perceived, both by insiders and outsiders, as a growing problem. Ethnographers could play a role in documenting incidents of torture and in building coalitions of Middle Eastern and outsider activists who, working together, could expose torture and bring pressure to bear on those who inflict it. (shrink)

Critics of South Park make claims that are strikingly similar to those that have been leveled against Western philosophy since its beginnings. Philosophy, it's been charged, also mocks religious beliefs, leads younger folks to question accepted authority and values, and corrupts our children and culture. These condemnations formed the basis for Socrates' trial and execution in Athens. This chapter explores the heretical possibility that people perceive South Park as dangerous precisely because it is a form of philosophy. The “danger” South (...) Park poses has to do with its depiction of dialogue and free thought. In the end, one can learned something: like Socrates, the South Park harms no one. Philosophy and South Park actually instruct people and provide them with the intellectual tools they need to become wise, free, and good. (shrink)

The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition. By Behnam Sadeghi. Cambridge Studies in Islamic Civilization. Cambridge: Cambridge University Press, 2013. Pp. xxi + 215. $99.99, £64.99.

God loves us but doesn't like us -- God is a Christian -- God wants to use me -- God is good, I am not -- God is more he than she-- God wants to be a priority in our lives -- You need to get saved -- God is in control. -- Death is more powerful than God -- God responds to magic -- God is a prude -- God does not submit -- God likes (my) religion -- God (...) doesn't care about what I care about -- Hell is separation from God -- God is not good. -- The cross was God's idea -- That was just coincidence -- God requires child sacrifice -- God is like a divine Santa Claus -- God is not involved in our suffering -- You will never find God in a box -- Not everyone is a child of God -- God is disappointed in me -- Sin separates us from God -- God is one alone -- God loves me for my potential. (shrink)

From the author of the New York Times bestselling novels The Shack, Cross Roads, and Eve comes a compelling, conversational exploration of the wrong-headed ideas we sometimes have and share about God. Now available in Spanish.

The post-classical genre of the “protocols for dialectical inquiry and disputation” has its more proximate origins in the famed Risāla of Shams al-Dīn al-Samarqandī. The greater part of his conceptions and methodology, however, consists in a streamlining and universalizing of the more strictly juristic dialectic of his teacher Burhān al-Dīn al-Nasafī ; and this in turn draws on the highly logicized dialectic of Rukn al-Dīn al-ʿAmīdī and his teacher Raḍī al-Dīn al-Nīsābūrī. At the heart of methods in this lineage, and (...) carried forward by al-Samarqandī into the universal ādāb al-baḥth, are three truth-preserving logical relationships critical to the truth-seeking enterprise of dialectic: entailment, mutual negation or exclusion, and causal concomitance. The practical elaboration of these relations reveals a logic in action—a premodern dialogical logic for living disputation praxis. In fact, so critical were these to the dialectical enterprise that al-Samarqandī devoted a specialized treatise entirely to summarizing their defining features and rules, aptly naming it the ʿAyn al-Naẓar, or “Wellspring of Rational Investigation.” In this article, and drawing upon a recently published digital critical edition, I will present an analytical outline of these core logical relations as presented in the ʿAyn al-Naẓar. Then I will address a number of points of interest in this text, grouped under six themes: the potential for cross-disciplinary advancement; notions in discursive development; significant or uniquely contributive formulations; peculiarities of content; signs of an evolving, universalist agenda; and evidence that the ʿAyn al-Naẓar was designed as an aide-mémoire for the active disputant. (shrink)

Philosophical tradition sharply distinguishes the conditions under which belief and action are reasonable. This dissertation examines one attempt to sustain this division, namely, the Humean analysis of practical reasons. The Humean analysis divides practical reasons into end and means. The former concerns what one should pursue as goal. The latter, what one should do to realize one's ends. Humeans argue that end reasons are not subject to the conditions of reasonable belief. Since end reasons pick out what has value for (...) an agent, Humeans contend that what makes life meaningful lies largely outside epistemic criteria. I find that Humeans base this claim on two distinct arguments. Each assumes that end reasons are unfit for epistemic appraisal because they lack some feature owned by psychological states suited to epistemic appraisal. A psychological state is fit for epistemic assessment only if its attitude ascribes a truth value to its content and its content owns a truth value. I examine the first conjunct. Regarding , Humeans argue that all genuine end reasons move their agents and, thus, these reasons are wants or take wants as components, since desire is the only source of agent-motivation. But in desiring that p, one does not ascribe a truth-value to p. Thus, end reasons lie outside epistemic criteria, assuming that only those psychological states whose attitude ascribes a truth value to its content are fit for epistemic assessment. Among those who claim that end reasons are a type of conative psychological state in that all genuine end reasons must move their agents are: R. M. Hare, P. H. Nowell-Smith, Gilbert Harman, Donald Davidson, B. A. O. Williams, and Daniel Dennett. I argue that this appeal to motivation fails by examining when an actor is an agent, finding that these conditions do not require that all genuine end reasons motivate. I add that rational failings, such as weakness of will, strongly suggest that not all genuine end reasons motivate. I conclude that end reasons are best conceived as a type of belief and, thus, these reasons do not lie outside epistemic assessment due to their psychological attitude. (shrink)

The post-classical (or post-Avicennan, post-Rāzian) genre of the “protocols for dialectical inquiry and disputation” (ādāb al-baḥth wa-l-munāẓara) has its more proximate origins in the famed Risāla of Shams al-Dīn al-Samarqandī (d. 722/1322). The greater part of his conceptions and methodology, however, consists in a streamlining and universalizing of the more strictly juristic dialectic (jadal / khilāf) of his teacher Burhān al-Dīn al-Nasafī (d. 687/1288); and this in turn draws on the highly logicized dialectic of Rukn al-Dīn al-ʿAmīdī (d. 615/1218) and (...) his teacher Raḍī al-Dīn al-Nīsābūrī (d. 617/1220). At the heart of methods in this lineage, and carried forward by al-Samarqandī into the universal ādāb al-baḥth, are three truth-preserving logical relationships critical to the truth-seeking enterprise of dialectic: entailment (talāzum / mulāzama), mutual negation or exclusion (tanāfin / munāfā), and causal concomitance (dawarān). The practical elaboration of these relations reveals a logic in action—a premodern dialogical logic for living disputation praxis. In fact, so critical were these to the dialectical enterprise that al-Samarqandī devoted a specialized treatise entirely to summarizing their defining features and rules, aptly naming it the ʿAyn al-Naẓar, or “Wellspring of Rational Investigation.” In this article, and drawing upon a recently published digital critical edition, I will present an analytical outline of these core logical relations as presented in the ʿAyn al-Naẓar. Then I will address a number of points of interest in this text, grouped under six themes: the potential for cross-disciplinary advancement; notions in discursive development; significant or uniquely contributive formulations; peculiarities of content; signs of an evolving, universalist agenda; and evidence that the ʿAyn al-Naẓar was designed as an aide-mémoire for the active disputant. (shrink)