Leveraging Legal Indeterminacy: A Judeo-Islamic View of the Indeterminacy Problem and the Rule of Law

6 Journal of Law, Religion and State 147 (2018)

Posted: 25 Jan 2022

See all articles by Shlomo Pill

Shlomo Pill

Texas Southern University - Thurgood Marshall School of Law; Emory University School of Law

Date Written: December 1, 2018

Abstract

This article offers one response, rooted in traditional Jewish and Islamic perspectives of what it means to have a rule of law, to the problem of indeterminacy in Western jurisprudence. Some Jewish and Muslim scholars have conceptualized the rule of law not as a system of objective, democratic, prospective, stable, and equally applied substantive norms, but as the commitment of the legal community to be broadly and deeply engaged with studying, interpreting, and applying the materials and methods of their legal tradition as the principal source of normative conduct. This way of thinking about law, which I call “law-as-engagement,” has been deployed by Jewish and Muslim scholars to leverage the incidence of indeterminacy, disagreement, and judicial subjectivity in law for the purpose of reinforcing rather than undermining the rule of law.

Keywords: Jewish Law, Islamic Law, Religion and State, Law and Religion, Jurisprudence

Suggested Citation

Pill, Shlomo, Leveraging Legal Indeterminacy: A Judeo-Islamic View of the Indeterminacy Problem and the Rule of Law (December 1, 2018). 6 Journal of Law, Religion and State 147 (2018), Available at SSRN: https://ssrn.com/abstract=3975496

Shlomo Pill (Contact Author)

Texas Southern University - Thurgood Marshall School of Law ( email )

3100 Cleburne Street
Houston, TX 77004
United States

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

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