Public Law
Ayet Mulaee; Sayed Ali Mousavi; Farshid Bandehali
Abstract
IntroductionHegel is a philosopher who studies the concept of the state with his multifaceted philosophy and his special methodology. On one hand, he criticizes the views of different schools of thought about this concept and believes that the government is not a mechanism to maintain peace, enforce ...
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IntroductionHegel is a philosopher who studies the concept of the state with his multifaceted philosophy and his special methodology. On one hand, he criticizes the views of different schools of thought about this concept and believes that the government is not a mechanism to maintain peace, enforce rights, or promote benefits beyond its own existence, and only in this capacity can it be recognized by everyone as a right. On the other hand, in his theory, the divine and intrinsically purposive government is trying to incorporate all the desirable features of these schools, despite all these criticisms. notwithstanding this paradox, this research, whose sources have been collected through the library research method and descriptive-analytical study, aims to prove the hypothesis that the Hegelian state emerges from within the traditional liberal and democratic state-building philosophies in a special and distinct way. It is trying to answer the question “What are the characteristics of the ideal state in Hegel's view, In a practical look at the political philosophy of the state?”, The results show, while proving the hypothesis; that contrary to the extreme collectivism of Rousseau and the abstract individualism of Lockean liberalism, Hegel's state is ‘a reasonable and inevitable institution of society that everyone must recognize its by force and accept its obedience’. Research Question(s)What are the characteristics of the ideal state in Hegel's view? Literature ReviewSeveral research papers have been published Related to the subject of the research, including; Zahra Vashqani Farahani's thesis titled: "State Theory in Hegel's Political Philosophy" published by the Faculty of Literature and Humanities of the Islamic Azad University (Central Tehran Branch), as well as an article titled "The Importance of Hegelian Separation, State and Civil Society" written by Azim Rahin, Prepared and published in No. (1.2) of Social Sciences Quarterly. However, the distinct feature of this research is the examination of Hegel's paradigmatic view of the government, which is in many ways against or in favor of democracy and liberalism. MethodologyConsidering that research in most humanities disciplines is mainly focused on theoretical solutions, the present study has used a library research method to collect the desired data and examines the data with a descriptive-analytical method. ConclusionHegel's philosophy, methodology, and valuable critiques present an outlook that thinks about modernity, instead of being oriented towards the Enlightenment era of his time. Because, basically, from Hegel's point of view, modernity is a bridge in the evolution of the soul towards freedom, and in this way, the self-awareness of the soul is the most important characteristic of the new era. In summary, for the purposes of this research and its main question, what is certain is that Hegel rejects the political theory of social contract that philosophers such as Locke and Rousseau established and views them as inefficient abstract concepts and, by rejecting the abstract idealism of "Reason" and the empiricism of "History" as an independent and durable ground for authority, established a dialectical relationship between reason and history and thereby resolved some of the contradictions raised in the state's founding phase. He also, based the political right on having an independent nature from the state and supports the concept of political right where it maintains its idealistic aspect, but is based on a certain historical era. On the other hand, even though Hegel criticizes the extreme collectivism of Rousseau and the abstract individualism of Lockean liberalism, his divine and intrinsically purposive government tries to incorporate all the desirable features of these schools and support them. Hegel's goal was to achieve the desired political power system for Germany, and so in this way, he presented his government specially and distinctly from the democratic and liberal state-building philosophies of his time.But what are the characteristics of Hegel's ideal government? The key to understanding this question lies in the ideal concept of political right in Hegel's belief and his opinion about the inherent rationality of the state. From Hegel's point of view, the state is the manifestation of realized freedom and the perfect ethical life. Therefore, the state is an ethical soul that emerges in the form of an essential will by becoming more transparent and definite. Therefore, the state is nothing but "the action of the spirit in the world" realized in a self-conscious form. But since the soul in Hegel's philosophy has an absolute, and even divine essence, according to Hegel's definition, the state is God's will in the world. Such a government is not a responsible or parliamentary government, and this was at a time when the belief in a responsible government was considered the most important feature of 19th-century liberalism. Overall, by studying the philosophy of rights that Hegel talks about, it cannot be said that he does not explicitly accept responsible government, nor can it be said that he explicitly rejected such a government.
Public Law
omid shirzad
Abstract
Relations between state and ethics or religion is one of the important subjects in political philosophy and public law and there are several approaches about it. In this meantime, Professor Naser Katouzian refers to three kind of Relations between state and ethics or religion and points out the theory ...
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Relations between state and ethics or religion is one of the important subjects in political philosophy and public law and there are several approaches about it. In this meantime, Professor Naser Katouzian refers to three kind of Relations between state and ethics or religion and points out the theory of stipulated state to ethics, state that is beside of ethics or religion and the governor state on ethics or religion. This paper has considered the doctrine of professor and with utilization from other sources in public and constitutional law, has completed this issue .The author has considered the concepts of perfectionist and neutral state as related concepts to stipulated state to ethics, state that is beside of ethics or religion and with conceptual analysis about them, has remarked the necessity of obstruction the line from perfectionism to despotism.Naser Katouzian is undoubtedly one of the most influential figures of Iranian law in the contemporary era. An unforgettable and moral teacher whose works and school of thought every professor and student of law in Iran is indebted to and rereading his doctrine can be considered a solution to most legal problems of the society. Despite the professor's specialized entry into private and civil law and dedicating the major part of his works to this field, his concern about the relationship between the state and the nation and public law had him write in this important field and take part in preparing the draft of the Constitution of the Islamic Republic of Iran and setting up the foundations of Iran’s political-legal system.In this article, the author has turned to one of the important views of Professor Naser Katouzian regarding the relationship between the government, ethics, and religion and tries to evaluate the professor's doctrine in this field as much as possible. Reexamining this point of view was not only necessary at the beginning of the Islamic revolution, but also nowadays. It can be very effective in explaining the foundations of the Islamic Republic of Iran's constitution and governing political system. Therefore, the main Point of this research is the relationship between state, ethics, and religion in the thinking of Professor Naser Katouzian and formats and forms in which this relationship will appear.In analyzing the relationship between the state, ethics, and religion and in a basic classification, Katouzian points to the state that is bounded to ethics and religion, the state that is beside ethics and religion and is neutral, and the state that rules on ethics and religion. The professor considered religious governments, such as Islamic or Christian governments, as examples of the states that are bounded to a certain religion and considers the constitution of the Islamic Republic of Iran and some of its fundamental principles, such as Article IV, as the pledge that has bounded the state to a certain religion and ethics.In the second category, he refers to the governments that are beside ethics and religion and are neutral. In these states, the government is separated from any common philosophical and religious beliefs among the people and ethics, and religion has a personal and private feature next to the government and is ineffective in policymaking and legislation.In the third category, professor Katouzian points to the states that rule on ethics and religion in which the government takes an authoritarian approach. The government has the authority to validate and create rights, good, and even morality and it is under the government’s will that the moral progress and evolution of citizens is pursued.This paper considers the doctrine of Professor Katouzian and by looking at other sources in public and constitutional law, has developed this issue. The author has considered the concepts of perfectionist and neutral states as related concepts to states that are bound to ethics and states that are beside ethics or religion and by conceptual analysis of them has remarked the necessity of preventing the progression of perfectionism to despotism. Professor Katouzian's concern about the pure sovereignty of the government over the right and good is commendable in the author’s view. This research intends to talk about the limitations and restraints of the government's power and its lack of sovereignty over the rights and morals with reference to the professor's doctrine.Professor Katouzian criticizes authoritarian governments that rule on ethics and religion and in practice, examples of these outlooks in government such as Nazism and fascism have left bitter experiences for humanity and history. consequently, the author expresses his concern about the transition from perfectionism to authoritarianism and considers understanding the basis of modern public law as the mechanism to prevent this transition.Therefore, the legal system in a government that is bounded to ethics and religion must recognize and guarantee the values of the public such as the rule of law, separation of powers, accountability, supervision and balance, transparency, fundamental rights and freedoms for the citizens, etc. In this way, It will help to spread morality in the society. we propose that the achievement of a virtuous society is directly linked with good governance, correct management of public resources and their optimal allocation to public needs, and efficient management of conflict of interests among members of the political society. These will give the citizens the opportunity to live a dignified life and the opportunity to think about moral virtues and the meaning of life and will reduce immorality and vices in society.
Keyvan Sedaghati; Ali Faghih Habibi
Abstract
Properties of NGO are classified within 4 main items including: Non-profit-making, non-political, non-governmental and volunteer oriented and its mission is filling probable gaps between government, citizens and transferring goals of society to public authorities within specific framework. Although “realistically” ...
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Properties of NGO are classified within 4 main items including: Non-profit-making, non-political, non-governmental and volunteer oriented and its mission is filling probable gaps between government, citizens and transferring goals of society to public authorities within specific framework. Although “realistically” speaking and under influence of some policies, there are some differences between “current” status of Iranian mosques with functions of NGO and in relation to the feature of being “Non-governmental”, there is no significant compatibility; from “Theoretical” point of view there is maximum compatibility and proximity between “noble” functions of mosque with that of NGO. Findings of this descriptive-analytical research showed that it can and should be considered negligent in considering the mosque as an NGO, so that by reforming the laws, regulations and macro-cultural policies in this field and accompanying the mosque with all the main components of the NGO, the strengthening and developing of the "civil society" can be achieved.
hossein abdollahi
Abstract
Analyzing current definitions of public properties in Iranian legal system indicates that distinction between these properties from State properties cannot be sought in criteria such as devoting to public services, the ability to confiscate, style of utilization, conformity of public properties from ...
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Analyzing current definitions of public properties in Iranian legal system indicates that distinction between these properties from State properties cannot be sought in criteria such as devoting to public services, the ability to confiscate, style of utilization, conformity of public properties from civil and commercial laws. Also existing approaches about the issues such as “relation between public properties and State-owned companies' properties” and “rules governing public properties” are facing criticism that necessitate the redefinition of public properties. In this research, it has been endeavored to redefine the public property according to criteria of Iranian constitutional law system such as interpretation of civil law according to the Constitution, with regard to the effects of the concept of sovereignty; in such a way that, while respecting the fundamental legal-jurisprudential frameworks, the efficiency of the State in utilizing public properties shall be taken into accounts. According to this redefinition, public properties (in the general sense) unlike private ones, are properties devoted to public benefit and belonged to legal person of public law and consisting of State properties, State-owned companies properties and public properties (in the strict sense). These properties can be divided into “original or subordinate” public properties and "national or local" in the domain of State ownership. The redefinition will have many practical legal effects in the legal system.
S.Ghasem Zamani; behnaz ahmadvand
Abstract
Incredible development in communications, especially in the last two decades, has changed the entire worlds communications system. The main accessibility to new information system by advanced technology and huge investments in this field shows a new description of power and its balance in the present ...
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Incredible development in communications, especially in the last two decades, has changed the entire worlds communications system. The main accessibility to new information system by advanced technology and huge investments in this field shows a new description of power and its balance in the present world. Therefore, the relationship between government and mass media, in different legal systems, in three stages of policy making, legislation and regulation plays a big and effective role in this regard. It has to be said that audiovisual communications have not been subject to the same legal systems governing the rest of the media, and in all of the political regimes in the world, government interventions in this sector have always been more intense. This article is an attempt to localize and recognize the obstacles to establish the desirable satellite television model in Iranian legal system by introducing the American model in the field of satellite communications, as the desirable model in the world.
ariyan ghassemi; aliakbar gorji; sayed mohammad sadegh Ahmadi
Abstract
The right to freedom of assembly is one of the civil liberties that can function collectively. This right recognized as a human right, has played a significant role in the various protest rallies in the various historical periods, especially in recent years. Therefore, the study of the functions of the ...
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The right to freedom of assembly is one of the civil liberties that can function collectively. This right recognized as a human right, has played a significant role in the various protest rallies in the various historical periods, especially in recent years. Therefore, the study of the functions of the right is important. It seems that the function of this right can be assessed in the safeguarding of other rights and freedoms and the participation of citizens. The present study shows that the right, as well as other types of group liberties, is a guarantee of individual rights and group freedoms on the basis of protector. On the other hand, this right is based on a participatory basis as a way of contributing to the determination of destiny and the basis for political development and the spread of democracy and is effective through the two functions mentioned in the relationships between government and citizens.
Hamid Mohammadi
Abstract
The criminal responsibility resulting from other’s behavior has been recently constituted in Iranian criminal system which has been ratified in the Article 142 of the Islamic Penal Code on April 21, 2013. Thereby, such a responsibility has been based on the letter of law. In Iranian criminal system, ...
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The criminal responsibility resulting from other’s behavior has been recently constituted in Iranian criminal system which has been ratified in the Article 142 of the Islamic Penal Code on April 21, 2013. Thereby, such a responsibility has been based on the letter of law. In Iranian criminal system, paying the blood money (diya) is one of the penalties. Therefore, it can be said that rational responsibility, crime responsibility guarantee for the other party, responsibility of the State and responsibility of the government in paying the blood money and compensating damages out of the treasury to the victim are the types of responsibilities resulting from other’s behavior regardless of the fact that such responsibilities are seemingly of civil nature. What is being discussed in the article is whether, regarding the Islamic nature of the ruling system in Iran and the matter of facts and the history of government in Islam and the spirit of the principles of the Constitution and the teachings of public law, and indeed in these cases, is the responsibility with the State or the government?
Mahdi Mahdavizahed
Abstract
Purpose: The purpose of this paper is to provide a brief overview of ideological approach to family regulations in Islamic Republic of Iran (IRI). Therefore this paper provides basic information and analysis and discusses about family change and variation in contemporary Iran. Design/Methodology/Approach: ...
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Purpose: The purpose of this paper is to provide a brief overview of ideological approach to family regulations in Islamic Republic of Iran (IRI). Therefore this paper provides basic information and analysis and discusses about family change and variation in contemporary Iran. Design/Methodology/Approach: Several approaches have been used to analyze the failure of Iran's legislative policy in family regulation. Findings: The findings of this study imply that the evolution of family institution leads to the formation of individuality as well as value pluralism and consequently deepen the "democratic culture" among Iranians. Demonstrating the interaction of state and family institution it can be claimed that democracy is a dynamic and ongoing process. The results of this study indicate that the evolution of a social institution can make changes in other social institutions which implies that there is a significant relationship between the evolution of social institutions and the formation of the rule of law. Originality/Value: This Article is one of the first attempts to address the role of family change in the formation of rule of law in contemporary Iran. It has tried to provide a basis for understanding and delivering values by referring to social processes which change people’s mindsets.
roohollah rahami
Volume 16, Issue 43 , February 2015, , Pages 185-211
Abstract
Individual security with insist on safety of human body and soul against individualdamages and violence, as one of the seventh aspects of human security , in theHuman Development Report in 1994 of United Nations Development Program, iscome from “right to life” , “human dignity” ...
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Individual security with insist on safety of human body and soul against individualdamages and violence, as one of the seventh aspects of human security , in theHuman Development Report in 1994 of United Nations Development Program, iscome from “right to life” , “human dignity” , “right of security” and “right of to besecured” for public.Importance of these public rights as most important human rights, has occupiedspecial seat in important international human right documents and also in countriesconstitutional law.The states which appear to protect their people, under these national andinternational binding documents, were largely responsible to provide the individualsecurity.Regarding to these binding international documents, we can talk about fundamentalchanges of states duty in the case of individual security. cause , the states that was incharge of protecting their citizens , according traditional perception , in this newone, are responsible to keep safety of human beings , by promoting concepts andinternational commitments and also by appearance of international human rightsspeech and human security paradigm.So, because of vital important of individual security for peoples, states are boundedto keep these rules to all (citizens or others) to respect their personality and dignity
