After analyzing different definitions presented for “theory”, the paper considers the following definition as the best one: a general explanation and interpretation of a set of jurisprudential issues that are pervasive and inclusive in form and expanded in concept, and yet have thematic unity and the common points that connect them to each other. Explaining the concept of “theory” and its relation with some similar concepts, the paper is to talk about the present jurisprudence’s capacity of theorization and the causes and factors of lack of theory in this field. The paper concludes that, first, however jurisprudential theory is a newly-emerged term, but it does not mean that theory is foreign to jurisprudence. Second, though the present jurisprudence has a great capacity for theorization, inferring theories from it and maximizing that capacity need to reappraise some bases, methods, and sources of present jurisprudence.
Shafiee, A. (2018). A Reflect on “Theory” in Jurisprudence (Conceptology and Capacity). Islamic Law, Jurisprudence and Methodology, 4(2), 7-29. doi: 10.22034/jrj.2018.66147
MLA
Ali Shafiee. "A Reflect on “Theory” in Jurisprudence (Conceptology and Capacity)", Islamic Law, Jurisprudence and Methodology, 4, 2, 2018, 7-29. doi: 10.22034/jrj.2018.66147
HARVARD
Shafiee, A. (2018). 'A Reflect on “Theory” in Jurisprudence (Conceptology and Capacity)', Islamic Law, Jurisprudence and Methodology, 4(2), pp. 7-29. doi: 10.22034/jrj.2018.66147
VANCOUVER
Shafiee, A. A Reflect on “Theory” in Jurisprudence (Conceptology and Capacity). Islamic Law, Jurisprudence and Methodology, 2018; 4(2): 7-29. doi: 10.22034/jrj.2018.66147
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