RAHIM NOBAHAR
Abstract
This article sheds light on the origins of the Rule of saving the system (hifdh al-nidhām) in both theology and jurisprudence. The article insists the broader sense of the Rule and its close relationship with social order. While mentioning some examples of the Rule in juristic issues, the article explains ...
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This article sheds light on the origins of the Rule of saving the system (hifdh al-nidhām) in both theology and jurisprudence. The article insists the broader sense of the Rule and its close relationship with social order. While mentioning some examples of the Rule in juristic issues, the article explains the importance of a transcendental and virtue-based discipline as it is conceived in the Rule. Also the article clarifies the connection of the Rule with saving the government. According to the article, the implication of the Rule in Islamic jurisprudence is more connected with protection of social order in its broad sense. Although the Rule relates to saving and protecting a good government as a necessary element of the society, it is more protecting the disciplines and systems made by human being. The insistence of the rule on social order is not limited to Islamic society and/or saving an Islamic government. Therefore, every human discipline as far as it helps the survival of human being and the quality of its life should be respected. The article also points out the ideal concept of the discipline and the potentials of the Rule for making a better social order.
Abstract
The concept of power has always been controversial and disputed between political thinkers and philosophers. Modern paradigm of power has taken shape around the idea of Hobbes where power is based on the concept of sovereignty and understanding in relation to the government. This concept of power has ...
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The concept of power has always been controversial and disputed between political thinkers and philosophers. Modern paradigm of power has taken shape around the idea of Hobbes where power is based on the concept of sovereignty and understanding in relation to the government. This concept of power has been persisted in the views of other scientists in this field. In postmodernism, new paradigm of this concept was developed by Foucault's ideas about power. From this perspective, power is not concentrated in the hands of the government but is plural in society and does not operate negatively, instead it has a positive, productive, and ultimately shapes the identity of human subjects. Two issues of power and public order are related in modern legal and political thought and their connection in the relationship between State and society can be understood clearly. In the postmodern condition, perception and understanding of society and government has changed and work order in such a society, unity and equality in a nation-State is not monolithic, but rather post-modern social order is based on the principle of difference and specificity of individuals and groups. The present paper after the introduction of postmodernism has tried in light of it to explain the concept of power and public order which are the foundations of public law. 1.
Reza Maghsoudi
Abstract
Human rights norms have caused some evolutions in the scope of forum conflicts, conflict of laws and recognition and enforcement of foreign judgments. Use of traditional rules in this branch of law such as unilateral conflict rules has been questioned and some ancient connecting factors, such as nationality ...
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Human rights norms have caused some evolutions in the scope of forum conflicts, conflict of laws and recognition and enforcement of foreign judgments. Use of traditional rules in this branch of law such as unilateral conflict rules has been questioned and some ancient connecting factors, such as nationality have been periled. In the area of foreign judgments recognition, human rights regulations have also persuaded states to accept acquired rights abroad. However, necessities of public international law, states interests, human rights limits, like proportionality and public order considerations have decreased human rights effects on private international law and especially forum conflicts. In this paper we will first discuss the concept of public order and its relationship to human rights, and then human rights norms in each private international law issues will be analyzed with regard to the judgements of European Court of Human Rights
