International Law
Hojatollah Mansouri; Soheyla Koosha; Mohammadreza Hatami; Hossein Alkajbaf
Abstract
Protecting the rights of women has been a permanent concern of human rights advocates throughout the last two centuries. Attempts led to the recognition of the principle prohibiting gender discrimination in several core human rights instruments and the Convention on the Elimination of All Forms of Discrimination ...
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Protecting the rights of women has been a permanent concern of human rights advocates throughout the last two centuries. Attempts led to the recognition of the principle prohibiting gender discrimination in several core human rights instruments and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). However, reports indicate that many States have not fully adhered to the provisions of CEDAW. It is important to review the basic concepts of gender discrimination and the provisions of the Convention to analyse the feasibility of its implication in societies that have diverse norms. Drawing on qualitative research this article attempts to answer the key question “What is the approach of CEDAW to norms governing different societies and what legal standards do the Islamic Sharia norms require to be considered in municipal legal systems and the context of CEDAW?”. After providing a brief description of fundamental concepts in the field of gender equality, it critically reviews CEDAW and expounds on the quiddity and the causes of its shortcomings. Finally, it deals with the major contradictions between the provisions of CEDAW and the norms prevailing in Islamic societies and tries to propose an Islamic standard in this regard.
Public Law
Hasan Vakilyan; mohamad moghtader
Abstract
Obviously, in all jurisdictions it is required for the people to observe the laws and regulations; however, at the same time they need to have convincing reasons to obey laws and regulation. Seeking their different interests, people sometimes may break laws. However, sometimes people believe that there ...
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Obviously, in all jurisdictions it is required for the people to observe the laws and regulations; however, at the same time they need to have convincing reasons to obey laws and regulation. Seeking their different interests, people sometimes may break laws. However, sometimes people believe that there are morally justifiable reasons to break laws. As a matter of fact, the research question of this paper is as follow: what is the nature of reasons that required people to observe the laws and regulations? Generally, natural lawyers stress on the strong relationships between law and morality and they stress on moral (Not legal) reasons. Despite that, as it will be shown, natural lawyers (Specially modern ones) and positivists have similar justification regarding the observing laws and regulations, in that both of them recognizing legal reasons for observing laws and regulations and denying the necessity and Sufficiency of moral reasons.
Public Law
Mahdi Shahabi
Abstract
The history of the evolution of legal thought indicates the contentious process of the interaction between metaphysics and reality. Meanwhile, notions such as law and justice, and in general, natural law, being the criterion for evaluating justice in the legal structure, have a more complicated situation. ...
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The history of the evolution of legal thought indicates the contentious process of the interaction between metaphysics and reality. Meanwhile, notions such as law and justice, and in general, natural law, being the criterion for evaluating justice in the legal structure, have a more complicated situation. Petrazyski's idea on intuitive law should be considered as a new framework for the mentioned interaction; as modern natural law is based on the preeminence of metaphysical rule over reality, and classical natural law also seeks static metaphysics to provide the ground for its interaction with reality. Thus, they could not be admissible. Petrazycki endeavors to seek a dynamic metaphysics which he finds it in dynamic subjectivism. Individual intuition is another expression of this type of subjectivism which leads to the intuitive right and intuitive justice. However, one may ask whether this type of metaphysics be the foundation and even superior and evolutionary framework of law? In fact, Petraziski does not believe in such a foundation, and as a result, his metaphysical interaction with reality cannot be maintained in the framework of idealism.
