نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار، گروه حقوق بین الملل عمومی دانشگاه علامه طباطبائی، تهران، ایران
2 دانشجوی دکتری رشته حقوق عمومی دانشگاه علامه طباطبایی
کلیدواژهها
عنوان مقاله English
نویسندگان English
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.
کلیدواژهها English
References
Books
Articles
Raz, Joseph, “The Obligation to Obey: Revision and Tradition”, Notre Dame Journal of Law, Ethic & Public Policy, Vol. 1, (2014).