جستجوی مقالات مرتبط با کلیدواژه « natural law » در نشریات گروه « علوم اجتماعی »

Universal Declaration of Human Rights and its two originated Covenants were signed and ratified in order to protect the basic rights of Human being and prevent him from more pain specifically after two world wars’ horrendous experience. Howbeit, the affirmation of these documents about the necessity of “protecting family institution” and different approaches of international and regional human rights institutions have raised some questions. The first question is that what is the philosophical and legal approach to family institution within the International bill of Human Rights? Contemporary International lawyers believe that the International human rights law system has experienced three generations of rights; the first two are about individual rights while the third one contains collective and group rights. According to this discussion, which platform is appropriate to protect the family institution? Based on analytical-interpretive method and through documentary review, this essay has investigated philosophical and legal debates in UDHR and Covenants in order to find the answers of aforementioned questions. The interpretive approach used in this article is "author and text centric" in accordance with the general interpretive rules of treaty law. Findings show that Human rights in its general terms, sense within the framework of the natural law, and the family has been considered in the mechanism of natural rights and has natural origin. Furthermore, the legal personality of family institution includes a unique individual-institutional approach in the Covenants.

Human intellect has a criterion presence in all three types of laws, that is, worthy to know the divine law, discover the natural law, and enact the human law. Religious communities practice on the basis of the divine law, whereas; secular communities operate on the basis of custom and human interests. The question is whether a common ground can be reached in the legislation of religious and non-religious communities? This article, in a descriptive-analytical manner, seeks to examine the theoretical foundations of Khajeh Nasir and Thomas Aquinas and attempts to find a solution to the problem in relation to reason and law. The findings of this study show that to Khawjeh and Thomas, law is attached to reason which is common among all human beings. Therefore, it can be a common basis for legislating religious and non-religious people. Contrary to the views of some Christian and Muslim theologians who do not consider reason worthy of legislation, Thomas considers natural law to be the participation of rational creatures in eternal law, and according to Khajeh, divine law is acceptable if it is not contrary to reason. Also, human law is binding only if it is compatible with the law of nature and justice. Thomas clarifies that if law is not in accordance with natural law; it is unjust and could not be considered law at all. Hence, people have right to disregard the law of oppressive rulers. In this regard, the theory of "social contract" and the pros and cons, including the views of Grossius, Rousseau, Hobbes, Fuller, and Finnis are also mentioned.

Intruduction: This research investigates the implications of the transition from the metaphysical concept of justice to its social concept in law. Throughout 19th century and 20th century, the metaphysical justice as a basis for law was criticized. As a result, social justice was emphasized as a basis for law. This transformation brought about some fundamental changes in law. Since labor law was deeply affected by these changes, the implications of the transition from the metaphysical concept of justice to its social concept in general was investigated and the transition’s practical consequences for the Iranian laws on employment and labor relations were examined. This research is done through content analysis. There is no sampling and the research was done through census technique and all the statistical population is examined. The analysis unit is subject – single statement about something. The content of the Iranian laws related to labor relations from 1928 to 1990 was examined focusing on the five main aspects of social justice and five main aspects of metaphysical justice. The subject units are specified based on their correspondence and compatibility with the special structural definition of content. Their distinction is conceptual based on having desirable structural characteristics in comparison to the irrelevant remainder materials. From 1928 to 1990, the social justice concepts’ usage has increased. Because of this and a decrease in metaphysical justice concepts in proportion to social justice, the following changes have occurred in the Iranian laws regarding labor relations: from 1928 to 1990, there is an increase in taking into consideration distributional justice, social functions of law, social order, civil rights and flexibility of law. From 1946 on, the laws are based on civil rights instead of individual interests. They are more flexible and are changed toward the worker’s interests and their supportive aspects have increased.

The issue of order is one of the most important subjects in social sciences and is as old as human civilization, but the modern world and its special issues like urbanization, industrialization, individualism and etc. that all shook the traditional order lead to a more emphasis on the issue of order. Of course the first and the serious modern intellectual is Machiavelli, but it was Thomas Hobbes who, for the first time, brought up the question of how to establish order as an issue. The importance of comprehending how to establish order to prevent crime is that crime, before all, is a threat to diminution of order and social solidarity, thus if the mechanisms of how to establish order are understood appropriately, it will be easy to prevent crime and social solidarity diminution. So this essay is aimed at examining the mechanisms of establishing order from Hobbes’ viewpoint. For this reason, after examining his life and main works in brief, his position in the more extended tradition of social contract has been identified and then by emphasizing on his main work, Leviathan, his views on establishment of order in society have been examined. The results of this archival examination indicated that Hobbes’ special anthropology and methodology direct him to a coercive viewpoint on the issue of social order which on its basis, society is in order only when individuals gather together, sign a social contract and form a government that could establish order.

It is nearly three decades that modern human being has been thinking about the previous questions raised in its community regarding the philosophy of law، something that goes back to more than three thousand years. Contemporary researchers having the same point of view as Greek philosophers in the domain of Law، intentionally or unintentionally have noticed a key issue which itself lead to lots of deep but abstract and vague literature in facilitating access to peace and equality for all people. It is nearly half of a century that today''s philosophy of law discusses «justice»، a subject which is neither old nor new. In theory، it goes back to the creation of human beings and universe، but in practice it is just like a fetus. The philosophy of law in Iran seems like a light boat floating and wandering on the ocean of world current philosophy of law. It is very likely that a huge wave demolishes it completely or in the hope of reformation، restructures it. This article is an explanation of the same situation we experience with philosophy of law in Iran. It aims at analyzing «philosophy of law: definition and nature of law» which، in this article، is considered of great interest for the duality of its content.