جستجوی مقالات مرتبط با کلیدواژه "حاکمیت قانون" در نشریات گروه "فلسفه و کلام"

Punishment” is a social institution and one of the main subjects in the realm of penal policy. Considering the institutional nature of punishment and the necessity of the institutions’ being just, the just social institutions are those institutions which impose their constitutive rules equally on the subjects. But giving opportunities to the underprivileged subjects can lead to the realization of a balanced order. So, the just social institutions can be described as having two criteria: equality and adjustment, which make the main bases of describing the just social institutions. Discrimination in punishment causes the harassment and the unjust restrictions to citizens and shakes the pillars of the legitimacy of the penal justice system. Therefore, avoiding the discriminative punishment has become one of the most important social concerns in the realm of penal policy and social assent, which can provide the strongest justification in the philosophy of punishment. Using a descriptive-analytical method, this paper intends to explain the philosophical roots of the justification of punishment and to draw some peculiarities of just punishment system. One of the findings of this paper is that if a just penal process is based on equality and adjustment, it can lead to the restoration of the social order impaired by delinquency. This process is guaranteed by principles such as the negation of indeterminism, the necessity of the rule of law, and the principle of the penal necessity. Considering the dependence of these peculiarities on the theory of social justice, which gives legitimacy to punishment, we will examine the philosophical foundations of just punishment.

Protecting the rights of citizens is one of the key and important duties of governments. In this regard, the active presence of citizens in the public arena is necessary to draw the general boundaries of their collective interests and rights and to hold the institution of power accountable. In addition, regulatory and controlling authorities should be in place to evaluate the performance of public officials. In such a situation, the concept of good governance becomes important. The present article examines the principles governing the ethics of employment regulations during public service in the light of good governance.

The study of the principles governing the ethics of employment regulations during public service in the light of good descriptive-analytical management and using the library method has examined the question. The results of the research indicate that good management regarding the ethics of employment regulations can be examined in the light of the principle of rule of law, the principle of accountability, the principle of merit and competence and the principle of transparency in Iranian administrative law. The most fundamental principle is the principle of merit, merit and employment justice and the principle of the rule of law. Paying attention to the components of good governance in the ethics of employment regulations can to a large extent guarantee the rights of citizens in the area of ​​mandatory competence of public agents. Good governance theory is an integrated theory that contains principles and indicators for reviewing administrative actions and decisions as well as increasing their efficiency.

The special task of governments, whether religious or non-religious, is exerting the sovereignty. The sovereignty in today's world is not a limitless entity, but limitable, with new definitions. This paper seeks to prove that, the sovereignty in the religious ruling also follows the same formula of limitableness under certain conditions. Using a descriptive-analytical method, and through a comparative approach, this paper studies the views of Imam Khomeini (ra) and Saint Aquinas, two of the most influential religious thinkers on religious ruling in the Catholic Christian and Shia Muslim world. The findings show that, the most important restrictive foundation of governance in the religious ruling from both perspectives is the Divine Law

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.