Evolution of the Construction of Jurisprudential Maxims: The Maxim "Matters are Judged by their Intentions" as a Case Study—An Inductive Analytical Study

Abstract

This study examines the evolution of the construction of jurisprudential maxims by monitoring the structural formulations of the maxims in fundamental and jurisprudential sources. It analyzes the differences between these structures in terms of phrasing and semantic significance, and their impact on fatwa and the judiciary. Adopting an inductive-analytical approach, the research surveys maxim texts in books of legal theory and jurisprudence to analyze various structures and clarify their impact on legal reasoning. The study concludes that jurisprudential maxims undergo various developmental stages, transitioning between concise and complex structures, often driven by factors such as the maturity of the jurisprudential movement, school differences, and the influence of official codification. Using the maxim "Matters are Judged by their Intentions" as a model, the research identifies the most appropriate structural formulation and the reasons for its preference.