جستجوی مقالات مرتبط با کلیدواژه « law » در نشریات گروه « فلسفه و کلام »

Monetary crimes are those crimes against the integrity of public and government property that cause disruptions in the country's economic and monetary system at the macro level and cause citizens to lose trust in banks and credit institutions and create conditions for the collapse of the economic system. Monetary crimes are inherently controversial as a moral corruption, but the conceptual and consequential reading of this phenomenon reveals it as an immoral act that affects other areas of morality in society. Therefore, the present study was conducted with the aim of investigating the moral-legal aspects of the crimes of disrupting the monetary system in Iranian law.

The necessity of reforming the economic structure in order to prevent the occurrence of monetary crimes should be considered in the economic policies of those in charge of criminal policy. Also, due to the lack of deterrence of some laws in monetary crimes, paying attention to and observing moral principles makes the criminal, by weighing the benefits and losses and the moral consequences of committing the crime, not to have the desire to commit the crime; Although the use of financial punishments, proportional to the financial gains of that crime, can be considered a suitable option; But it will lead to results such as confusion in the money market, increase in liquidity and inflation, bankruptcy, jeopardizing the security of people's deposits, waste and confiscation of deposits, and ultimately disruption in the country's economic system. Therefore, in the discussion of symmetry and compliance between law and morality, it is always necessary to fill the gap between the two by a relative distance in public and private.

Preserving the stability of the grand plan and laws governing human life, while meeting their variable needs, has always been a matter of interest to intellectuals. The complexities of elucidating these two aspects, especially in divine religions, have provided the groundwork for presenting various theories on this matter. One can explore such efforts made to present a comprehensive religious theory in the works and thoughts of ‘Allāmah Ṭabāṭabā’ī. He believes that divine laws have been formed based on human innate needs and therefore have fixed aspects. On the other hand, they also adapt to the daily needs of man, and in this respect, they consider the transformative aspect of material life. In this paper, through a descriptive-analytical method, while examining ‘Allāmah Ṭabāṭabā’ī's perspective on this issue, the foundations and consequences of his thought are reviewed. By inquiring briefly into the rival theories, the similarities and differences between them and ‘Allāmah’s views are highlighted.

A non-responsibility clause is a type of contract in which it is agreed that the parties are exempted or their liability is reduced from possible moral responsibilities that may arise in the future. In this way, it can be said that the non-responsibility condition is a condition that is included in the text of the contract, and its purpose is to eliminate the responsibility that is faced by the obligor in case of non-performance of the contract or delay in its performance or incomplete performance of the contract. Therefore, the purpose of this research is to examine the ethical dimension of this condition in Iranian and international law, which was done with a descriptive analytical method with a library technique.

The non-responsibility clause is a clause that is included in the contract with the purpose of eliminating the contractual or non-contractual liability of one party for compensation. According to one opinion, the condition of non-responsibility is invalid. According to another opinion, the disclaimer clause is valid. Comparing the condition of non-liability in international law with Iranian law, considering its dimensions in the rights and moral obligations of the parties to the contract, in domestic and international treaties and their moral obligations, has been effective. If the condition of non-responsibility is fulfilled correctly, it eliminates the moral responsibility of the obligee, and the injured party can no longer claim damages from the causer of the damage. The non-responsibility condition is valid in the scope of contractual civil responsibilities that are caused by mistakes and errors.

What is presented in this article is the explanation and confirmation of three claims about the Knowledge of religion of Muslim philosophers: First. Muslim philosophers influenced by Plato and Aristotle have considered man as a social being. This means that man continues to live and survive in the form of presence in city, and the formation and survival of city requires law. But the law they introduce for the administration of city is not a human law, but a divine law, and that law is nothing but the divine religion. Therefore, according to Muslim philosophers, the nature of religion is the law. Second. Since Muslim philosophers have considered religion as a law, they have never questioned the existence of this law; That is, they have not asked what kind of existence religion as a law has in the outside world. Third. Although Muslim philosophers have expressed ontological points under the concept of religion as words and books and the like, they do not consider religion to be ontologically authentic. They have never had a coherent, codified and independent discussion about religion from the perspective of ontology. The basic question about religion, which has been neglected in Islamic thought and culture so far, is this: How does religion exist as an entity? The difference in approach regarding the existence of religion will cause a difference in the way of encountering religion and establishing a relationship with religion. Therefore, the ontology of religion is not just a theoretical discussion and it has many practical effects.

The present paper investigates the necessity of the development of social life in the view of Mullā Ṣadrā and Ibn Miskawayh in the domain of religion’s response to human needs following a comparative approach. Mullā Ṣadrā believes that the necessity of fulfilling human needs warrants the existence of law and Shar‘ as well as an individual as a prophet. Following a philosophical approach, he explains that the concept of human species is realized in their “collective identity” outside their mind and in their social schematism. Ibn Miskawayh’s standpoint, which is worth more deliberation and is perhaps unique, indicates that man’s main need for collective life is due to the necessity of responding to their intrinsic need for mutual “love and affection”, while he refers to satisfying material needs at a later level. In his view, love provides the basis for life and formation of human collective society. Mullā Ṣadrā’s view enjoys a rational and philosophical essence, whereas Ibn Miskawayh’s explanation is merely based on the presence of love and affection among human beings. However, both thinkers acknowledge that the revealed religious theorems can respond to all human worldly and other-worldly needs. Nevertheless, none of them directly and clearly emphasizes the necessity of the purification of the soul for the prophet and the divine perfect Man.

Abolhasan Ameri believes the goal of human life is to achieve happiness, which is the highest good and virtue, and ultimately the actualization of human’s faculty of rationality (speech) The only way to achieve happiness is to adhere to tradition, i.e. the personal, family, social and governmental rules. The government’s duty, in this regard, is to provide the situation for the growth and excellence of human beings, and to help them achieve their material and intellectual happiness, and ultimately to achieve the highest good, by carrying out the law in the community and impelling people to respect these regulations. Ameri believes, as I have proved in this article, the general honor, i.e. the Almighty God, legislates the general laws; and the just erudite ruler deduces the particular laws from these general rules, such that it is along God’s will. In addition, the main criterion, which should be regarded for the legislation of rules, is the nature of the rule’s subject, and the primary principle is to legislate a law in accordance with the nature of its subject, although this principle may be violated in cases where different criteria are in conflict. In addition, Ameri believes a law has four main characteristics: predictability, guarantee of implementation, being unique and dominant over everyone, including the ruler.

Today, commercial activities have become more complex and complex than in the past, and for this reason, it has become a category with more sensitivities. One of the dimensions of trade sensitivity in the present age is related to the type of allocation of trade interests and beneficiaries of these interests. In the past, only family businesses and businesses benefited from the benefits of doing business. This theorem forms the basis of the pivotal theory. Today, however, this has changed the course and different sections of society, due to their role and function in increasing the profit and productivity of corporate business, are considered the beneficiaries of corporate business. This theorem also forms the basis of the central stakeholder theory. Thus, in the present age, stakeholder theory has prevailed over stakeholder theory. Therefore, with the emergence of these two concepts, new creative and legal challenges arise that must be considered. Therefore, in this article, the ethical and legal aspects of the theory of centralized and centralized stakeholder theory and their advantages and disadvantages have been studied.

Two theories can be considered as the foundations of the centralized approach. The first theory is that in the past, companies were formed as a family and was based on the trust of shareholders and partners, and the second theory was interpreted as the myth of ownership. But one of the main disadvantages of the pivotal theory was the accumulation of wealth in the hands of certain individuals and the creation of cartels and centers of wealth accumulation. Thus, the stakeholder theory emerged, which is a managerial, ethical, legal, economic, and social theory, which argues that a company, in order to be successful, must act in a way that creates value for all and benefits the common good. Consider. Stakeholder theory has revolutionized corporate law and consumer law. Of course, there are disadvantages that must be addressed to find legal solutions.

Responsibility is a moral component. Liability usually arises from liability, according to which the person is legally liable for the damage he or she has caused to another. One of the most important parts of civil law is civil liability, and since the main purpose of civil liability rules is to compensate for material and moral damages and to repair the damage, the government is no exception to this rule. Obviously, sometimes this responsibility takes on a global dimension and obliges governments to be accountable. This article attempts to describe the ethical dimensions of governments' civil liability for "biosphere".

Examining the responsibility of countries from the perspective of ethics, opinions and judicial procedures is one of the necessities of protection and exploitation of the world environment. The next responsibility is moral, and the ethics embedded in the civil liability of governments are based on a range of intrinsic value principles that are twofold in human-centered and ecological-centered. In recent years, proper human interaction with the world and the solution of global crises have been sought in returning to the foundations of judicial procedures in the international system. Compared to other countries in the world, unfortunately, it must be admitted that Iran has not had an acceptable record in this field due to the problems caused by environmental pollution and damage to the world environment, the lack of accountability of the government and the inefficiency of the judiciary. Therefore, it is necessary to prevent damage to the global environment by designing and developing preventive measures and adopting precise and comprehensive laws and regulations in this field.

In both Shiite and Protestant denominations, faith is the most important factor of salvation, so the question of current research is: may one argue that human action be as important as faith for salvation? And is the importance of action in determining the level and perfection of faith or in achieving salvation? In the Shiism, this issue was first raised during the formation of the Kharijite sect. This issue then continued among the Murji`ah, the Mu'tazilites and the Shiites. This research examines the place of action in salvation from the perspective of Shiites and Protestants through a comparative research method. The findings show that salvation in the Protestant first and foremost means liberation from original sin and then liberation from hell, but in the Shiism, according to the original teaching of purity, salvation only means liberation from hell. But in both, action is an instrument of faith and its perfection, but to achieve salvation, it is not reassuring and can not be relied on.

Human reading of the teachings of the Holy Quran has a long history. In this regard, the author of the book Critique of the Qur'an, using the post-traditional human approach, sought to deny freedom of expression in the Qur'an. According to her point of view, by reading the lack of freedom of expression in the Holy Quran, she seeks to prove weakness and error in the Holy Quran. The purpose of this study is to critique the view of the author of the book Critique of the Qur'an in denying freedom of expression in the Holy Qur'an.

The present study is a descriptive-analytical method with a critical aspect based on library resources and discourse separation.

By being in the postmodern world and using liberal discourse based on human-centered theoretical foundations with the components of self-founded reason, individualism, law and relying on the Universal Declaration of Human Rights, Suha tried to deny freedom of expression in the Holy Quran.

Suha, by combining the discourses and not separating the components of the two post-traditional discourses and the discourse of Islam, in addition to the same understanding of the concept of freedom in discourses, has erred in a way that leads to his conclusion in the absence of freedom of expression in the Holy Quran.

The main purpose of criminal law must be to secure the basic human rights or fundamental rights of individuals. But the matter is the relationship between morality and human rights. For the purpose of the science of morality is to bring humanity to the highest degree of humanity, and the purpose of law is to achieve relative justice and to restore order in society. Equity is also a means of assigning justice and tailoring its rules to specific cases. Thus, justice and equity are closely intertwined. Ethics and law are two sciences with two distinct goals, and some jurists believe that any confusion between ethics and law should be avoided. Therefore, this article examines the relationship between morality and fundamental rights.

One of the positive steps that current judicial procedures can take to bring about justice for individuals is that it is true that morality should be avoided in any way. Obedience leads to the intellectual disengagement of lawyers and the departure from the goal of justice, and the excessive inclusion of ethics in the world of law causes the judge's personal emotions to replace legal principles. On the other hand, the main purpose of criminal law should be to safeguard human rights and maintain a moral framework. By enacting explicit, clear and understandable laws for all, the legislator will consolidate the principles of sound criminal policy and prevent violations of these rights.

The word promise generally means a promise to do something at a specific time or place in the future that the word "Va'd" is used for good news and the word "Vae'id" is used for bad news. According to theological discussions and verses of the Holy Quran, God fulfills His promises and His promises are never broken. Paying attention to divine promises is a method for encouraging people to obey God's commands and abandon divine prohibitions. Using a comparative-analytical approach, this study has examined the divine promises in the Qur'an and the books of Chronicles, especially the promises that God has made to David and Solomon (a.s.). The findings show that God's promises to David were fulfilled based on the Qur'an; but the Qur'an does say anything about the fulfillment of God's promises to Solomon. Of course, according to the history, they are also realized.

Retrial is an additional combination of the words "retrial" and "trial". Trial is a means of justice and trial, like others, is in the introduction of error and error if there is a verdict that is accompanied by error as a result of the trial. Which must be reconsidered. In the relations between taxpayers and the tax system, a dispute is possible, which can be due to factors such as the weakness of the tax information system, taxpayers and some tax officials not informed of laws and regulations and instructions, weak tax procedures and so on.

From the perspective of administrative law, the supreme authorities of tax proceedings, for "administrative and judicial oversight" on the actions of tax authorities and departments, including the supreme administrative or judicial authorities, creating a unity of tax procedure, such as the general boards of the Supreme Tax Council, Court of Administrative Justice and the Supreme Court has a special and superior role in how to explain tax laws and regulations and provide tax "judicial interpretation" and tax judicial comment in line with the principle of equality, justice and non-tax discrimination and adjustment or elimination of unfair tax discrimination. In the field of ethics, one of the most important factors affecting the tax ethics of individuals is the degree of their trust in the government and the tax, legal and judicial system.