Comparison Of The Principles And Rules Of Civil Law Interpretation Methods In Modern Law And The Works Of Professor Jafari Langroudi
In modern law, some jurist believe in the unity of law and legal rule, while others believe that law is one of the means of expressing the rule. According to the second approach, which is also accepted by Professor Jafari Langroudi, for the interpretation of law, referred to the sources of law in custom, legal instincts, a human conscience, doctrine, etc. In modern law, some consider innate rationality to be the main source of law and others consider spontaneous rationality. Professor Jafari Langroudi considered law as the intersection of custom and doctrine and believed is necessary to refer to legal instincts, custom, and Islamic sources in the framework of rational reasoning with regard to the understanding of the companions, etc. to interpret it; in this way, accurate, efficient, and valid notions and affirmations of the law can be deduced. It is a kind of theoretical research on interpretive logic in modern law and the works of Professor Jafari Langroudi, which consists of three parts: concepts, assents, reasoning. In explaining interpretive logic, in addition to originality and method, Prof. Jafari's works have indigenous and sound principles that have no precedent in the works of other jurists that will be examined These principles and methods compared with similar works in this research.
basis , method , interpretation , law , rule
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.