Mahnaz Bayat Komitaki; Mahdi Balavi
Volume 17, Issue 47 , October 2015, , Pages 123-155
Abstract
"Rights" and "Public Interest" are among the key elements of political , legal , ethical and social discourse in almost any society around the world including the contemporary legal and political discourse of Iran. Meanwhile, societies inevitably have certain reciprocal tensions resulting from diversities ...
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"Rights" and "Public Interest" are among the key elements of political , legal , ethical and social discourse in almost any society around the world including the contemporary legal and political discourse of Iran. Meanwhile, societies inevitably have certain reciprocal tensions resulting from diversities in their ethical believes and contradictory claims. That is why theorists in political philosophy and modern law have strived towards advancing solutions to such controversial strains. To name a few, Hobbes and Hegel have theorized the notion of State Interest, recognizing the interest of a limited number of governors as public interest, based on which they privileged it over individual rights and freedom of citizens. Granting, devesting , dispensing or restriction of any sort of individual rights they maintained could only be realized under the auspices of the same . This theory has its own advocates and critics in Shiiat world .Shaikh Mofid and Shaikh Toosi are among the proponents whereas Shaikh Ansari and Imam Khomeini fall under the category of opponents. In this paper, after introducing State Interest doctrine, we shall later review the misconceptions and practical challenges around the concept in light of Balance theory as a convergent theory in the relation between individual rights and public interest.
