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Exercise of these powers involved skills that were generically different from those involved in the elaboration of the law, meaning that the ruler's discretion (as well as of other public officials) was different from that of legists. The consequences of the ruler's ijtihad, exercised in the course of discharging the responsibilities of his office, were generically different as well: because a general duty of obedience attached to the ruler's judgment, political decision-making is conceptually distinct from the "epistemic" judgments of the jurists to which no duty of obedience generally attaches.
It is interesting to note that one strain of the critique launched against Villey's claims about Ockham points towards the separation of substance and procedure as a factor in the ascendency of the subjective right: in writings as early as those of the Legists, the understanding of actio was starting to change.
Public representatives are elected by the public on the hope that they would implement legists in the highest interest of state.
As some legists have noted but despair of any action being taken, Ahmadinejad ought to be indicted for incitement to genocide, crimes against humanity for persecution of Bahai'is and other minorities, complicity in human rights violations, and pursuit of atomic weapons--all in violation of the UN Charter, its treaties, and international law.
The judges were replaced with "magistrates." The jurists, whose main concern is the knowledge and application of the principles of justice, were replaced with legists, whose main occupation is to know and apply their masters' wishes as these are revealed in legal edicts and codes.
By examining the feudal narrative through the work of sixteenth century legists, Davis shows how their work grounded arguments regarding the 'free' political subject and a social contract, while submerging the problem of slavery into the barbaric past (p.
to men who would become physicians, philosophers, legists, and humanists" [Grendler, 2002, p.
"Satirical Legal Studies: From the Legists to the Lizard." Michigan Law Review 103 (2004): 397-51.
The persistent decline of critical reason among Muslims is due partly to the notion that the exercise of personal judgment and ijtihad ceased with the epoch-making works of the legists and imams of the past.
In another sphere, modern Poland has produced a fair number of legists, economists, and other men of science and learning; indeed, an immense number, when we take into consideration the facts that the universities of Warsaw and Wilna were suppressed, and their libraries carried off to St.
On the positive side, many Italian communes and cities recognized long ago that a distinguished university in their midst brought prestige, boosted the local economy thanks to the influx of non-local students, and enhanced the professional skills of local doctors, legists, and statesmen who lived and practiced there.
540-604) and the Greek Church served as evidence of the subordination of popes to political rulers, and the corrupt doctrines of Roman theologians were exposed as manufactured props for the papal supremacy: "Legists and Canonists, doe now and then so wrest and writhe the holy scriptures, to that sense which themselves like best." (24) The rise of the papacy entailed a departure from the foundations of the church left on earth by Christ, and this process was abetted by the "invention" of new "unwritten" traditions for the Church--that is, traditions not sanctioned by the standard textual authorities.