إشكاليات ماهية مصطلح المصطلح والاصطلاح الفقهيين في المذهب المالكي

Abstract

The study of the term represents an essential station, which occupies the most important issues of jurisprudential research in terms of its relationship to the construction of jurisprudence and its renewal, through methodological orbits, which the experience of jurists has conspired upon in a terminological system that can be called the “methodological entity” starting from the orbit of the structure of the term and its semantic memory, to the orbit of the conceptual load of those connotations, to the orbit in which those concepts reproduce in cognitive horizons as a result of the quality of functional lexical care for terminological fields, ending with the orbit in which the standards through which the material of jurisprudence is organized appear, and in which the overall critical visions are embodied as a methodological reality. By reading the term "term" or the term "terminology" of jurisprudence in this paper, we do not mean to be satisfied with obtaining the semantic material lying between language dictionaries and jurisprudence works, nor to be interested in obtaining concepts to refine the jurisprudential and fundamentalist discourse, nor do we mean by reading it to follow the relationships of these concepts and their impact in opening certain cognitive horizons, but rather the intended meaning is to read the nature of the term "terminology of jurisprudence" in a problematic dimension, a reading that takes the researcher with what it carries of perceptions to the depths of the normative critical life in which the world of meaning and concepts, and horizons crystallize into procedural images and vital comprehensive visions, the features of which are reflected in our research methods and methods of presenting jurisprudence and its principles. Keywords: terminology, terminology, terminology of term, jurisprudence, approach, pragmatics, pairing.