mahnaz bayat komitaki; mahdi balavi
Volume 15, Issue 42 , January 2015, , Pages 9-42
Abstract
AbstractThe concepts of right and expediency are two of the concepts that have beengoverned over political, ethical, legal and social discourses in the most ofcountries. However, due to the heterogeneity of the protection of the individual'srights requirements and the improvement of the general interest, ...
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AbstractThe concepts of right and expediency are two of the concepts that have beengoverned over political, ethical, legal and social discourses in the most ofcountries. However, due to the heterogeneity of the protection of the individual'srights requirements and the improvement of the general interest, the appearing ofan extent of conflict between these rights and those interests is inevitable. Theresearchers with various viewpoints about relationship between right and publicinterest have presented different solutions for such a conflict. Some of them havepresented the idea of right authority and insisted on priority of rights and someother have regarded the public interest as a superior consideration. Some ofresent theorists— by introducing the theory of exceptionalism— have insisted onthis idea that we are facing the “normalization of emergency conditions” speciallysince 9/11 and asked for offering more authority to the state in order to restrict therights while believing that public interests have precedence over the individual’srights and freedoms. In this essay, we will attempt to criticise the theory ofexceptionalism and then introduce the theory of balance as a convergent theoryabout relationship between individual rights and collective interests.