نوع مقاله : مقاله پژوهشی
1 دانشجو دکتری رشته فلسفه حقوق دانشگاه باقرالعلوم(ع)
2 استاد و عضو هیئت علمی دانشگاه باقرالعلوم (ع)
3 دانشیار و عضو هیئت علمی دانشگاه تهران
عنوان مقاله [English]
The explanation of the meaning of philosophy and its method in modern time in comparison to that of the Islamic theosophy and its method helps us tell the identity of the former from that of the latter. The rise of modern law in contrast to the Islamic law owes to the philosophical foregrounds and meta-law approaches. Consequently, study of the foundations of ontology epistemology and methodology of law and its philosophical foregrounds help us know its identity.
Viewing the wide scope of the philosophy of law in modern viewpoint, this research goes to merely refer to Immanuel Kant Auguste Comte, Vienna Circle and those on the margin on the meaning of philosophy of law. In respect of the meaning and method of Islamic theosophy, the authors have tried to offer a different philosophy of law. In its celebrated meaning, the philosophy of Islamic law is a discipline in which a set of similar sort of propositions are directly put together in the light of the Qur’an, proof and ‘irfan (Islamic mysticism) in order to ponder over the creation of the Islamic law system and to explain its epistemological infrastructure. In the course of pursuing this idea, resistance against modern interpretations of law can be a strong point to lift the position of the philosophy of Islamic law.