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Unformatted text preview: It is likely that many all-embracing genera11egal theories and concep- tions were employed in the early development of the law. But after the for- rnalliation of the law's methodology such forms of interpretation retreated to the background, yielding pride of place to strict analogical method. Only in sp«ialized works (e.g., qawa'id, furuq) were general inductive propo- sitions discussed at length. In such works principles are not presented as the law, or even as its source, but as mere useful generalizations about the law. The result of all this is that the legal method of the classical law is daunting to the outsider - atomistic, multifarious, scholastic. These traits bobbJe comparison with modern laws based on Western models. We.sttm- ers studying the classical law may feel perplexed by its multiplicity, and conclude that behUtd the details there mUst be some fixed system that in- stead is "the Jaw:' They are wrong; such a system does not exist. Modern Reinterpretations Intensive efforts have been made in the last two centuries to reform and renew the classical law. departing from new intellectual bases and using different methods....
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This note was uploaded on 03/19/2012 for the course FINN 421 taught by Professor Zeeshanahmed during the Spring '12 term at Alvin CC.
- Spring '12