دکتر سید مجید موسوی

"Right" and "law" are considered as the key words of jurisprudence. These two basic notions should be consistent with each other, but in many cases despite the claims of political systems in the compatibility they are not compatible.. This article aims to answer the question what are the justification aspects of the supremacy of the right over the law? The findings of this research indicate that the right has been superior to the law not only from the point of view of philosophical approach but also with historical approach is also defined the superiority of law over right as the counter point of the debate, has its roots in the theory of "collectivism" of ancient Greece, and this has always been considered regardless of the o individuals and the superiority of the right. At the same time insisting on the collectivism providing a specific interpretation of words such as society or "people" is considered as a solution in the hands of the rulers to express their will in the name of society and people through formalism resulting from the superiority of government institutions. Bringing the law to the final result indicates that the laws are made based on the will of the rulers and not the "will of the people and their "needs". Therefore the emphasis on the superiority of individualism and rejectionism of formalism are considered as the justifying reason for the supremacy of right over law.