S. Ali Hosseiniazad; Mahshid Ajeli lahiji; Majid Zahmatkesh
Abstract
Idealism and Realism have always been under considerations by different fields of studies, inter alia, the law. While Idealism pays attention to the emergence of the ideals, Realism relies on the necessity of the acceptance of existent realities. International law from the prospect of its legal basis ...
Read More
Idealism and Realism have always been under considerations by different fields of studies, inter alia, the law. While Idealism pays attention to the emergence of the ideals, Realism relies on the necessity of the acceptance of existent realities. International law from the prospect of its legal basis has been an obvious area of confrontation of this two schools of thought. The International community tries to reach far and unavailable goals persistently; but, usually has been stuck in the realities of the world order. Nevertheless, international law could also form some ideals as its legal rules. Thus, international law is the place where the two ideas meet. This article is an attempt to find the answer of the question that the legal order of international law depends more on which one of the foregoing schools of thought and by which it has been more impressed. Finally, it will be observed that the international law passes the way to reach its admirable ideals by always considering the realities of the international community.
Mehdi Rezaei; Mohammad Mehdi khosravi
Volume 15, Issue 39 , July 2013, , Pages 9-34
Abstract
Epistemic-Ontological view although not codified in a separate field on legal propositions which states normative statement is one of the important issue, discussed in philosophy of law in both Islamic legal and western legal philosophy. On this basis, The outcome of islamic and western views can be ...
Read More
Epistemic-Ontological view although not codified in a separate field on legal propositions which states normative statement is one of the important issue, discussed in philosophy of law in both Islamic legal and western legal philosophy. On this basis, The outcome of islamic and western views can be analayzed in realistic and unrealistic school, of which the second is refered to as unrealistic and the other as well as some of Islamic philosophers as a realistic school which ratiocinates islamic legal system and leads to its choice as an reasonable legal system.The article summarizes the main thought and criticisms of western and second islamic philosophers concerning unrealistic school and then gives a detailed overview of realistic idea which its goal is to prove that all normative legal propositions base on actual and necessary causality
