INITIAL REMARKS TO THE DIALECTICAL STRUCTURE OF THE QIYĀS AND THE HEURISTIC ROLE OF CO-RELATIONAL MOVES AND EPISTEMIC ASSUMPTIONS
Résumé
One of the epistemological results emerging from the present initial study, is that the different forms of co-relational inference, known in the Islamic jurisprudence as qiyās represent an original and sophisticated form of reasoning that not only provide original epistemological insights of legal reasoning in general but they also furnish a fine-grained pattern for parallel reasoning deployed in a wide range of problem-solving contexts that does not to reduce to the standard forms of analogical argumentation studied in contemporary philosophy of science. More specifically the main claim is that a dialectical framework provides the right instrument to stress two of the most salient features of this form of inference: (1) it's heuristic nature and (2) the dynamics underlying the meaning-explanation of the terms involved. Both deploy what we take to be the main epistemological idea behind the qiyās, namely: the open texture of the meaning of normative statements.
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