قدرت الله نوروزی

Emphasizing the Kuhnian theory of paradigms and applying a transcendental approach focused on the theoretical basis and theory-laden theory will result in a contextual understanding for law and legal propositions. Therefore, this study begins with addressing constitutive elements of Kuhn's doctrine and applying his method to law and legal propositions. By elaborating different ideas regarding the very concept of paradigm, we will conclude that what we mean by legal paradigm is neither a mental context, nor simply epistemological, anthropological, normative, and methodological foundations of the legislator which can be chosen arbitrarily. On the contrary, the legal Paradigm is an epistemological context that has a hidden, vivid, inclusive, influential, and harmonizing reality. Finally, and based on the notion of paradigm, we try to pursue the paradigmatic doctrine in Iranian civil law and specifically in legal contracts. This paper concludes that importing incommensurable modern west's presuppositions and propositions has led to a deficient paradigmatic shift in Iranian civil law and specifically concerning the legal contracts. It shows the sovereignty of two parallel (opponent and incommensurable) paradigms. Emphasizing the semantic system of the paradigm in Cohen's thought, and of course with a transcendental view, focused on theoretical foundations and with a theoretical tone, results in a contextual understanding of law and its propositions.

In recent decades, citizenship rights have become one of the most complex political and social issues and have attracted the attention of many thinkers and politicians. Satisfaction with citizenship rights makes citizens' participation in urban affairs more stable, continuous, and responsible. Knowing the facilities available in the city for the well-being of citizens, acquaintance with know the duties, goals, and missions of the municipality, as well as getting to know the duties of each of the sub-groups of this institution helps the citizens in better exploitation of the opportunities and situations of well-being and progress. The main purpose of this research is to investigate the relationship between the satisfaction of citizenship rights with civic participation and the environmental participation of citizens to improve the quality of life of the citizens of Najaf Abad. The statistical population of this research is made up of citizens living in the city of Najaf Abad located in Isfahan province. The sample size was estimated to be 650 people using Cochran's formula. The results show that citizens' satisfaction has a very strong and positive relationship with the performance of the municipality and their participation in civil and social fields with a coefficient of 0.935, and the relationship between citizens' satisfaction and environmental participation is also strong and significant with a coefficient of 0.784.

The “1972 Stockholm Declaration” on the environment is marked as the beginning of the recognition of the right to a healthy environment in the international community. One of the important areas of guaranteeing this right is urban waste management, that is mostly the responsibility of municipalities, and the reason for this importance is the direct contact of urban people with waste in their daily lives and the threat to the environment and their health by waste; Therefore, the extents and necessities of guaranteeing the right to a healthy environment in urban waste management seems vital. This article reviews the reflection of this right in the constitutions of countries and its constitutionalizing in Iran, with a descriptive-analytical approach; and explains the duties of municipalities in guaranteeing the right to a healthy environment for citizens and residents with a focus on statutes. Municipalities, as institutions of local governance and non-governmental public institutions, have an essential and important role in guaranteeing this right in cities, and in particular in the field of municipal waste management. After reviewing the role of municipalities in terms of law and also in terms of the principles of citizenship rights, finally in a case study, the situation of Isfahan Municipal Waste Management Organization in guaranteeing the right to a healthy environment will be explained and discussed. 

In the social model, disability is a type of phenomenon stemming from the socio-political structure that results from social approaches, the way of thinking, and the physical environment of individuals. In the medical model, it is based on the separation of persons with disabilities from the capable or capable society, and in the civil rights model, in addition to the social approaches, the emphasis is on the concept of right, and thus bringing the concept of disability closer to other elements known as human identity elements. The present research is a documentary and library research method and compares the tourism status available for disabled people between two adoptive adopters of Isfahan and Barcelona by examining six valid international documents and twenty three scientific-research articles. The results show that in comparison to the two metropolises of Isfahan and Barcelona, the metropolis of Isfahan, despite its high tourism potentials and capacities, has not achieved much success in becoming a "accessible city for all" The most important issue compared to the city of Barcelona is the inadequate tourism infrastructure for disabled people. Considering that the most important factors and criteria for Spain's success in leading tourism projects have been made available and with a socio-legal and medical approach, the present study concluded that laws and policies, availability of facilities and equipment, hospitals, accessibility Information, terminals, transport stations, accommodations, historical and tourist sites and buildings have been the focus of much attention by Barcelona's urban managers. Barcelona has taken fundamental steps to achieve public access, which can serve as a model for achieving the transformation of Esfahan into a publicly accessible city.   Please cite this article as: Noroozi GH, Dehghani H, Abassi A. Citizenship Rights of People with Disabilities in Accessible Tourism: Comparative Comparison of Barcelona and Isfahan. Iran J Med Law 2020; 14(52): 183-209.

The concept of the rule of law can be defined with its least constituent component which is the adherence of all groups of society especially the rulers to the law. In the discussion of the principles of the rule of law, the fundamental question is: "What is the obligatory requirement for a person to legitimize law and adhere to it?" In answering this question, from an epistemological point of view, it is important to consider the role of revelation, experience, and wisdom in man's obligation to obey the law. The most important question that has been considered in this research is the study of the principles of the epistemology of the rule of law in the legal system of Iran. According to the findings of this research, the wisdom and experience of mankind in the current legal system of Iran are only valid in the case of the confirmation of the religion. The majority of people in Iran believe that divine law provides their prosperity and perfection, and this is the most important reason for their adherence to divine law or law approved by religion.

Presenting technical shortages of water at Zayanderoodsin, this paper demonstrates legal challenges of water and background possession of water at this basin. Research shows that by raising technical problems of providing water and its shortage, the established order upon Sheikh Bahaei's scroll and legal arguments on water ownership and government role in management of water becomes more serious. Some people believe that Zayanderood is a kind of public property without paying attention to the right-holders and buyers allowing the government to do whatever it whets. This article deals with analysis of legal dimensions of water ownership at this basin and its influences on justice on development, personal possession, society economics, general arrangement, rights to get water and explanation of interference role of government at controlling the water issues. This article is written from human rights perspective on international resources of water, internal laws, valid sources, definition of jurisprudential sources and State ownership and examination of Sheikh Bahaei's scroll, announce public management of Zayanderood as the government territory but announce that the ownership of natural Zayanderood and joining water of the first tunnel of Koohrang belongs to the right-holders people and buyers and discharge it from public fund

Given the role of rule of law in implantation of civil rights in different aspects of social life, this research would study pros and cons of mandatory military service. This paper adopts an analytical interpretative approach to the functional system of law. It is looking after a brief notation on the theory of rule of law, seeking to answer the questions as to what the legitimacy of Iran's system of conscription and strengths and weaknesses of this system compared to the culture of rule of law in Iran are. Findings: Inclusive nature of mandatory military service which covers all sons is an effective element in penetration of rule of law. Equal treatments whit all Iranian young man, regardless of their ethnic origins, social background, education and etc… has a constructive role in deeping the idea of citizen’s equality under the law. Should bear in mind some wrong procedures can lead to violation of civil rights of soldier. The complete implementation of law, emphasizing on this fact that soldier is a citizen along with education of rights and responsibilities, especially the constitution will to consolidation of soldier’s civil rights and the rights in society in general.

Physicians’ Civil Responsibility has always been among important legal issues and thus, subject to rules faced with various challenges rooted in different approaches towards civil responsibilities. The present study investigated some of the world’s legal systems and different dimensions of responsibility to find proper strategies for securing patients’ rights as well as other issues in this respect. The study was a library research in which Iranian law and justice databases such as the Information Center of Judicial Institute and Iran's Legal Database along with sixty other resources have been exploited directly and indirectly within the period from May 2014 to September 2015. It has investigated legal and jurisprudential texts, internal and international rules and judicial processes acted upon in Iran, France and America in a comparative manner. Actually, the key points of the study turn round civil responsibility, fault, risk, irreparable loss, permissive waste, agreement and acquittal. The findings showed that Iranian legal system has not been able to take a fixed stance towards physicians’ civil responsibility in the past, e.g. in a certain period of time, based on some of the jurisprudents’ views, it has sometimes adopted risk and some other times fault as the basis for Physicians’ civil responsibility. However, in the course of time, it has come to follow a more optimistic approach which, if continued, can secure the patients’ and people’s rights in a more acceptable manner.

Today, respect to the fundamentals of citizens’ vested rights, along with other public laws and principles of administrative laws, plays a significant role in guaranteeing and protecting citizens’ rights, which would lead to administrative efficiency. With regards to this, role of administrative justice tribunal as ensuring citizens’ rights and freedom is very critical, particularly in annulling decisions made by authorities which, in respect, cause breach or trampling of citizens’ rights. Adopting an analytical approach, the present study seeks to investigate performance of the tribunal in dealing with individuals’ vested rights. A review of procedural policies made by the tribunal indicates that justice tribunal has adopted a supportive approach to guarantee citizens’ vested rights. However, analysis of some cases shows a negative approach and a constricted viewpoint to this fundamental principle.

Today, “human rights” is the major challenge of all nations. It is so important that legitimacy and acceptability of the governments depend upon how they observe human rights. This paper intends to comparatively study the grounds for and obstacles to these two legal systems to find out that first: Do Iranian laws support human rights according to international standards? Second: Is Iranian government committed to observe the requirements of International Charter of Human Rights according to the rules and regulations of The Universal Declaration of Human Rights? Results of this study show that despite many common grounds, there are still serious obstacles and differences between these two legal systems. Therefore, since Iranian government has accepted covenants of The Universal Declaration of Human Rights and it has to observe the requirements of this declaration according to Article 9 of the Civil Law, there should be found ways to boost commonalties and reduce differences. Results show that the Expediency Council of the I. R. of Iran that was established in 1988 upon an order by Imam Khomeini and empowered through revision of the Constitutional Law in 1989, can help alleviate this problem as a legal instrument by its dynamic performance and normalizing innovations.