Research Jurisprudence and Law
Credibility and the Critique of the Theory of the Veritable Nature of Human Sciences with Emphasis on 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, ...  Read More

Research Jurisprudence and Law
Fair Trial and the Principles Governing It Internationally and Domestically Focusing on Governmental Discretionary Punishment

Ahmad Asadian; Jahanbakhsh Salariyan

Volume 18, Issue 5 , September 2018, Pages 19-43

Abstract
  The two terms "fair trial" and "statecraft and the principles of justice" were taken in the same sense and have been used interchangeably. No one should be deprived of his life, liberty, and property without a fair trial. "Fair trials" sometimes mean protections that derive from procedural legal rules, ...  Read More

Research Jurisprudence and Law
The Critique and Scrutiny of Third Volume of the Commercial Law: Commercial Documents

Majid Banaei Oskoei

Volume 18, Issue 5 , September 2018, Pages 45-66

Abstract
  The commercial documents, as the paying mean of noncash, have a special position in the relationship between merchants, and many law books have discussed these issues. The third volume of the commercial law book has been written by an honorable author from different aspects such as Issuing, Transferring, ...  Read More

Research Jurisprudence and Law
Critical Reviews on the Methodology in Law: A Case Study of Introduction to Research Methods in 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 ...  Read More

Research Jurisprudence and Law
Review of the Translation of the Book of Criminal Law in European Council

Alireza Taghipour

Volume 18, Issue 5 , September 2018, Pages 91-114

Abstract
  International law has so far made remarkable progress in two areas. One of these is human rights and the other is the international criminal law. After World War II, numerous international and regional documents were adopted in the field of human rights. The European convention for the protection of ...  Read More

Research Jurisprudence and Law
Review of "Public Law in Nahj al-Balaghah"

Hussein Javan Arasteh

Volume 18, Issue 5 , September 2018, Pages 115-129

Abstract
  The publication of the book "Public Law in Nahj al-Balaghah" is admirable in terms of the supreme position of Nahj al-Balaghah in religious culture as well as in terms of the status of public law in comparison with other branches of law. The method of evaluation of this book is citation-analytical, and ...  Read More

Research Jurisprudence and Law
A Critique to the Theory of "US Government Targeted Killings" in the Light of the Fundamental Principles and Procedures of International Humanitarian Law

Mahdi Hatami

Volume 18, Issue 5 , September 2018, Pages 131-154

Abstract
  In recent years, the US government has pursued a policy of targeted killings of those suspected of committing terrorist acts. This policy is often referred to as a legitimate and necessary response to terrorism and asymmetric wars. In this article, we seek to examine the conformity of targeted killings ...  Read More

Research Jurisprudence and Law
Book Review: "International Law: From Theory to Practice"

Tavakol Habibzadeh

Volume 18, Issue 5 , September 2018, Pages 155-165

Abstract
  The book entitled "International Law: From Theory to Practice", written by Dr. Ali Omidi in 2009 and published by Mizan Publications.  According to the author himself, it is written as an educational manual and a workbook for preparation to Master’s Entrance Exam of International Law. Such ...  Read More

Research Jurisprudence and Law
A Review of“Basics of Islamic Law Inference” Book

Sayyid Abdolrahim Hosseini

Volume 18, Issue 5 , September 2018, Pages 167-186

Abstract
  Devotion to rules of writing educational books of humanities, especially in jurisprudence, legal issues, and principles of jurisprudence, is an inevitable requirement. According to the investigation on the manner of writing and configuration of scientific topics and contents of “Basics of Islamic ...  Read More

Research Jurisprudence and Law
Critical Analysis of Retrials Causes in Iran’s Act of Civil Procedure: With Comparative Study in French Law

Ali Abbas Hayati

Volume 18, Issue 5 , September 2018, Pages 187-206

Abstract
  The retrial is one of the extraordinary methods to complain against decisions whereby the plaintiff demands the issuing court to reverse the final judgment which has been pronounced by the court.  If the court accepts the request, the action is reviewed again. Article 426 of Iran’s Act of ...  Read More

Research Jurisprudence and Law
Judicial Position in Imamieh Jurisprudence in Comparison with the Islamic Republic of Iran's Laws

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. ...  Read More

Research Jurisprudence and Law
Non- Mental Components in the Immaterial Element of Crime A Critique to the Design of the Main Elements of the Crime

Reza Zahravi; Seyed Ali Kazemi; Rasool Ahmadzadeh

Volume 18, Issue 5 , September 2018, Pages 227-254

Abstract
  A delinquent, in a deliberate crime, must have the mental intention and also the knowledge necessary to commit the crime, or in doing a crime, without a definite intention to commit an offense, he/she makes an error that could qualify him/her for criminal responsibility. But this does not encompass all ...  Read More

Research Jurisprudence and Law
A Critique of the "Criminal Policy in Islam and in the Islamic Republic of Iran"

Naser Ghasemi

Volume 18, Issue 5 , September 2018, Pages 255-270

Abstract
  Basically, each discipline is selected and chosen to indicate the content of the field, on the one hand, and it can explain its scope, such as sociology, rhetoric, criminology, and so on, on the other hand. While a criminal policy is a discipline that extends far beyond its title and includes many different ...  Read More

Research Jurisprudence and Law
Investigating the Moral, Social, Economic, Cultural and Political Rights of Women and the Family in the Human Rights Charter (Islamic Scholarship with Secular Science in the Eyes of the Woman)

Zahra Mosavi; Tayebeh Mahrosadeh; Mohammad Seyfi

Volume 18, Issue 5 , September 2018, Pages 271-300

Abstract
  The purpose of this study is to review and criticize the human rights charter in the social, economic, cultural, and political component of women and family in relation to the religion of Islam. The research method is objective and fundamental in terms of collecting data in the research class. The data ...  Read More

Research Jurisprudence and Law
Determination of Father in Artificial Insemination Based on Jurisprudence and Islamic Law

Ezat Sadat Mousavi Dorcheh; Seyed Hamid Jazayeri; Hashem Niazi

Volume 18, Issue 5 , September 2018, Pages 301-322

Abstract
  The recognition of parentage is one of the important issues in Shari'a, especially in the cases where there is doubt. Artificial insemination between two foreigners is a suspicious example that is criticized in two terms of imperatives and positive rules. Because of independence between imperatives and ...  Read More

Research Jurisprudence and Law
Criticism and analysis of the book "Fundamentals of the Islamic Republic of Iran's constitutional Law"

Ebrahim Mousazadeh

Volume 18, Issue 5 , September 2018, Pages 323-339

Abstract
  The importance of this criticism is due to the status of the constitutional law, the constitution and the rule of the Islamic Republic, and the necessity of criticism is also the motivation for the formation of the effect of criticism as a teaching resource for the constitutional law course in law and ...  Read More

Research Jurisprudence and Law
A Review of Some of the Challenges and Obstacles to Implementation of General Principles of Article 44 of the Constitution: A Case Study of National Iranian Oil Refining and Distribution Company

Nader Mirzadeh Kohshahi; Mohmmad Rahman Gaeeni

Volume 18, Issue 5 , September 2018, Pages 341-374

Abstract
  In this article, regarding some of the obstacles and challenges of implementing the law, the implementation of Article 44 of the Constitution in the National Iranian Oil Refining and Distribution Company addresses the analysis of the outlines of these ambiguities and challenges. In analyzing this issue, ...  Read More

Research Jurisprudence and Law
The Critique of International and National Barriers to Domestic Production and Its Legal Solutions

Jafar Nory Yoshanloey; Seyedeh Nazanin Akhavan Tabatabaei

Volume 18, Issue 5 , September 2018, Pages 375-393

Abstract
  The manufacturing and production activities have been explicitly predicted in Article 2 of the Iranian Trade Act and have been considered as inherent to commerce. The growth of production is the foreground of economic development, and the support of domestic production and the improvement of business ...  Read More