An Introduction to Establish Philsophy of the Principles of Jurisprudence

In addition to development of various containers and angles of human life, up-to-dateness and functionality of jurisprudence, depends upon development of the logic of inference of shariah. Any evolutionary development in jurisprudence presupposes development and upgrade of methodology of juridical inference. And development and evolution in the methodology of inference is based on revision and extension of the foundations of the discipline of principles [of jurisprudence]. Development and deepening of the foundations of the principles of jurisprudence can (and should) take place in the form of establishment of the philosophy of principles of jurisprudence. Philosophy of principles of jurisprudence is "rational, meta-scientific, meta-problematic study of the principles of jurisprudence to find general rules and problems of this discipline". Concerned for long with the methodology of understanding religion and development in the religious knowledge and research in this field, and provided his opinions to develop and complete the discipline of the principles of jurisprudence, the author of this article has tried to, through an establishing approach, design "philosophy of the principles of jurisprudence" as a discipline independent from disciplines of jurisprudence and principles of jurisprudence. Issues in the discipline of principles of jurisprudence, the author of the present article thinks, are divided into two groups: meta-scientific and meta-problematic. The philosophy of principles of jurisprudence explains and analyzes "general rules of the discipline of principles of jurisprudence as a discipline" in a rational way; and, as a methodological system of inference of jurisprudence, it studies close and intermediate foundations of "the most important" issues in this discipline. In the present article, at first, the author goes to study the epistemological-historical process of developments of the foundations of the principles of jurisprudence, criticize research foundations for scholars of the principles of jurisprudence, and explains that why the philosophy of principles of jurisprudence should be established. Then, he classifies and divides issues, arranges them perfectly, and provides a detailed list of issues in the discipline of the philosophy of principles of jurisprudence. It should be noted that the author welcomes critical opinions of the scholars concerning claims made in the present article.