Jurisprudence and Law
Mohammad Javad Javid
Abstract
Governments have commitments with respect to the natural rights of individuals. The right to religion and the right to knowledge are two of the citizens’ natural rights which can be defined in compliance with the constitution. Hence, religion and knowledge are among the subject matters of fundamental ...
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Governments have commitments with respect to the natural rights of individuals. The right to religion and the right to knowledge are two of the citizens’ natural rights which can be defined in compliance with the constitution. Hence, religion and knowledge are among the subject matters of fundamental rights in the Iranian as well as the French revolution. Each of the two revolutions has enjoyed the concept of faith and ideology to such an extent that they have influenced various areas and arenas after the revolution. Therefore, this paper is based on the hypothesis that the two revolutions of 1789 and 1979, one being against religion and the other for it, have had similar impacts on culture and in particular public understanding. In this regard, paying attention to the central role of the state commitments in strengthening and reducing the costs of a believer citizen can serve as an explanation concerning the extent of such impact in the present situation.Keywords: Iran, France, Law, Religion, Education, Laïcité.Governments have commitments with respect to the natural rights of individuals. The right to religion and the right to knowledge are two of the citizens’ natural rights which can be defined in compliance with the constitution. Hence, religion and knowledge are among the subject matters of fundamental rights in the Iranian as well as the French revolution. Each of the two revolutions has enjoyed the concept of faith and ideology to such an extent that they have influenced various areas and arenas after the revolution. Therefore, this paper is based on the hypothesis that the two revolutions of 1789 and 1979, one being against religion and the other for it, have had similar impacts on culture and in particular public understanding. In this regard, paying attention to the central role of the state commitments in strengthening and reducing the costs of a believer citizen can serve as an explanation concerning the extent of such impact in the present situation.
political science
Mohammad Javad Tahsili,; Maghsoud Ranjbar; Mohammad Torabi
Abstract
Mostashar al-Dawla's treatise “One Word” is one of the most important and original writings of the Qajar period in the field of legalism and on this basis, is the foundation of understanding the idea of legalism in Iran in the Qajar era and also recognizes the lineage of the constitutional ...
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Mostashar al-Dawla's treatise “One Word” is one of the most important and original writings of the Qajar period in the field of legalism and on this basis, is the foundation of understanding the idea of legalism in Iran in the Qajar era and also recognizes the lineage of the constitutional movement in Iran. Hamed Ameri has studied this work in his book Modernity and Legalism and this article is a critique of his writing about this book. The most important critique of the book, it is descriptive and the author lacks a critical approach to the work, while the treatise "One Word" by Mostashar al-Dawla can be criticized in various ways, which are discussed in this article and the most important critique of the above treatise is that Mostashar al-Dawla’s has become reductionist in understanding the law and its meaning and this has led to her serious misunderstanding of the place and meaning of law in the modern world. This misconception has had a significant effect on the non-realization of legalism in the contemporary history of Iran.
Jurisprudence and Law
Afshar Akbari; Wali Rostami; Faramarz Atrian
Abstract
Authorities and courts, dealing with complaints and disputes arising out of different disputes within a community, form a part of the legal system of that community. These authorities are usually created by legal mechanisms and are responsible for handling and adjudicating disputes and voting against ...
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Authorities and courts, dealing with complaints and disputes arising out of different disputes within a community, form a part of the legal system of that community. These authorities are usually created by legal mechanisms and are responsible for handling and adjudicating disputes and voting against them. Some of these authorities have jurisdiction to handle specific disputes and disputes that are known as proprietary. It is important to take responsibility for the lawsuit against the government because of the high power and authority of the government over private individuals and how to prove it. Therefore, in this article, we review the legal system of the civil liability status of the government and the competent authorities dealing with its claims in Iranian law by comparing UK law. The government’s civil responsibility has made it a turning point in the Iranian legal system.
Jurisprudence and Law
Mohammad Reza Asadi; Seyed Saieed Lavasani
Volume 18, Issue 5 , September 2018, , Pages 1-17
Abstract
The theory of conventions is the basis of Islamic humanities, if it is viewed from a philosophical and holistic perspective and taken as part of existential discussions. In reality, humans are genuine and real beings that express their needs in this world through the language of conventions. Therefore, ...
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The theory of conventions is the basis of Islamic humanities, if it is viewed from a philosophical and holistic perspective and taken as part of existential discussions. In reality, humans are genuine and real beings that express their needs in this world through the language of conventions. Therefore, conventions are intertwined with anthropology and epistemology and act as the pillars of Islamic humanities. Propositions in the humanities including propositions in jurisdiction and law are conventions and do not necessitate proofs. What is important in these sciences is to attract benefits and dispose loss and gain perfection and prosperity, and in Islamic humanities the aim is to reach closeness to Allah. But, those who take jurisprudence and legal propositions as genuine have mixed genesis and decree since genuine relationships exist in areas where there is a relationship between cause and effect. In jurisprudence and legal issues, a law is validated through a judge and has no genesis, and religious or customary laws are taken from the validity of the judge or a legislator.
Jurisprudence and Law
Mohammad Saeed Taslimi; Khalil Norouzi; Mohammad Amin Hakemi
Volume 18, Issue 5 , September 2018, , Pages 67-90
Abstract
Methodology is important in every science. Legal studies, for a long time, has been in the deficiency of suitable methodology and methods of doing research. In spite of this specific deficiency, in other fields of human sciences, such as management, there exist some advancements that can solve many issues ...
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Methodology is important in every science. Legal studies, for a long time, has been in the deficiency of suitable methodology and methods of doing research. In spite of this specific deficiency, in other fields of human sciences, such as management, there exist some advancements that can solve many issues in legal studies. Because of the absence of modern research methods in legal studies, it has been a long time that we have seen an obvious downtrend in this field. In spite of this unacceptable practice in law science, we see impressive movements and advancements in management science. Therefore, this paper by analyzing the book “ Method of Research in Legal Studies”, written by Dr. Javid tries to make these two fields, law and management, closer, hoping that in the future, the rapprochement of these two fields can solve the issues of society by applying new methods of management sciences to law sciences.
Jurisprudence and Law
Ziba Zafari; Javad Panjepour; Ahmad Abedini
Volume 18, Issue 5 , September 2018, , Pages 207-226
Abstract
Judgment is a great thing that sometimes becomes a platform for the unpopularity of human society. Therefore, in Imamiyya jurisprudence, a valuable place is set for the judge, and the installation and deployment of judges in this sensitive position has been accompanied by specific conditions and attributes. ...
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Judgment is a great thing that sometimes becomes a platform for the unpopularity of human society. Therefore, in Imamiyya jurisprudence, a valuable place is set for the judge, and the installation and deployment of judges in this sensitive position has been accompanied by specific conditions and attributes. The attitude of the jurisprudential texts and profound thought in the traditions and sayings of the Prophet (pbuh), the infallibles (as) and the words of the elders, all indicate that this position is important.Shiite jurisprudence with all its breadth and dynamics, in dealing with the events of the day and the needs of the day require the ghur, thinking, relaxation, and flexibility that in the absence of the infallible Imams, the hypocrites, scholars and clergymen of the Shari'a are supposed to work on this path and put them on the shoulders of ijtihad. In this regard, the category of innovation and ijtihad is apparent in the course of compilation of the laws of the Islamic Republic of Iran, which is derived from this dynamic theology. In this study, we will look at the current laws in conformity with the jurisprudence of the Imamieh, and to see to what extent the status and functioning of the judiciary have been transcendental, fruitful, and responsive to the developments of the day.
political science
Majid Hosseini; Meisam Ghahreman
Volume 17, Issue 8 , January 2018, , Pages 129-149
Abstract
In this article, we have dealt with a critique and the relationship between terror and contemplation based on the Eagleton, Habermas, Derrida, Chomsky' viewpoints in the book" terror and contemplation". Since the present book revolves around different and sometimes opposite viewpoints about controversial ...
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In this article, we have dealt with a critique and the relationship between terror and contemplation based on the Eagleton, Habermas, Derrida, Chomsky' viewpoints in the book" terror and contemplation". Since the present book revolves around different and sometimes opposite viewpoints about controversial ideas in political sciences (terror and contemplation), a theoretical challenge about a single phenomenon (such as September 11th event) is introduced to the readers; therefore, a complicated mentality is provided for readers to reflect more on the twisted societal phenomena. In a general criticism, all of the above-mentioned viewpoints about a historiography of a terrorist event (each one from a specific perspective) have their own defects, and this has been acting as a block against making a comparison between terror and contemplation; consequently, it leads to better understand the phenomenon with different dimensions, and in the critiques, an attempt has been made to pay attention to it.
Jurisprudence and Law
Mohammad Javad Javid
Volume 10, Issue 21 , December 2011, , Pages 107-137
Abstract
It is nearly three decades that modern human being has been thinking about the previous questions raised in its community regarding the philosophy of law, something that goes back to more than three thousand years. Contemporary researchers having the same point of view as Greek philosophers in the domain ...
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It is nearly three decades that modern human being has been thinking about the previous questions raised in its community regarding the philosophy of law, something that goes back to more than three thousand years. Contemporary researchers having the same point of view as Greek philosophers in the domain of Law, intentionally or unintentionally have noticed a key issue which itself lead to lots of deep but abstract and vague literature in facilitating access to peace and equality for all people. It is nearly half of a century that today's philosophy of law discusses "justice", a subject which is neither old nor new. In theory, it goes back to the creation of human beings and universe, but in practice it is just like a fetus. The philosophy of law in Iran seems like a light boat floating and wandering on the ocean of world current philosophy of law. It is very likely that a huge wave demolishes it completely or in the hope of reformation, restructures it. This article is an explanation of the same situation we experience with philosophy of law in Iran. It aims at analyzing "philosophy of law: definition and nature of law" which, in this article, is considered of great interest for the duality of its content.
