Document Type : Research Paper
Authors
1
Professor of Islamic Jurisprudence and Law Principles, College of Farabi, University of Tehran, Qom, Iran
2
PhD Student of Islamic Jurisprudence and Law Principles, College of Farabi, University of Tehran, Qom, Iran
Abstract
The article at hand has been authored to clarify the quiddity of the philosophy of jurisprudence and the way its issues are categorized. With regard to the definition of the philosophy of jurisprudence, the article ultimately selects the last given definition which exists in the last review of the philosophy of jurisprudence. Therefore, based on the three layers of the philosophy of jurisprudence – namely, general paradigmatic principles, the generalities of the philosophy of Islamic jurisprudence, and the specific principles of this philosophy – we might maintain that it is a science that analyzes, criticizes, and suggests the conceptual scope, status, structure, and mechanism of jurisprudence in line with certain paradigmatic principles. In cooperation with other domains of arbitrary perceptions, this science processes desirable reference systems. Moreover, in its evaluation of the history of jurisprudence, this science adopts the posteriori criticism method to process the principle chosen by the jurist. Furthermore, in the light of the necessity of determining the scientific scope of various issues and in order to use the methods of understanding and problem solving in each domain of knowledge, it provides classifications of various issues of the philosophy of jurisprudence at seven levels, namely general epistemic principles, specific principles of the philosophy of that science, psychological principles, sociological principles, principles of linguistic philosophy, principles of the history of science, and methodological principles. In terms of method, the study at hand is a descriptive-analytical research project that uses library research data.
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