جستجوی مقالات مرتبط با کلیدواژه « دیگری » در نشریات گروه « فقه و حقوق »

This article examines the relationship between human rights and the concept of other with a phenomenological approach through the interpretation and description of the importance of the concept  of other in human rights philosophy to provide an introduction to the critique of the liberal approach to human rights. The starting point of this research is by examining the concept of orther in the minds of phenomenological thinkers such as Hegel, Sartre, Husserl and Heidegger. He then examines this concept and its relationship to human rights in the thought of Emmanuel Levine and Robert Bernasconi to provide a critique of the liberal approach to human rights. Although Locke and his followers begin with an abstract and isolated individual outside of society, for the phenomenologist, the starting point is a concrete existence (human existence at the heart of reality). Phenomenology is not based on artificial and constructive intellectual experiences, such as the natural state or social contract, but on the knowledge that no human will be perfect without the constant help of others, including previous generations, and that my emotional and spiritual conflict with them is individual. It starts with a part or part of me and I am a part or part of them. The impossibility of separating me from anyone else makes any attempt to explain the rights or thoughts about the decisions that a person may make, regardless of the society in which you live, meaningless.

One of the topics of civil liability of French law is, “the civil liability resulting from other criminal acts". In the legal systems, the rule states that the criminal responsibility is personal and individual and there is no liability arising from the other’s criminal acts. However, it seems that we can accept civil liability arising from other’s criminal activities. This can even be assumed in the systems that they apply this kind of liability a "civil" responsibility not "criminal" responsibility. Therefore, the civil liability arising from criminal acts of other people can be raised in Iranian law. In one hand, Article 142 of Islamic criminal law is the question that the imposition of liability resulting from other’s criminal acts is possible or not. The place of this issue is empty in the legal literature of the law of obligations and Iranian criminal law. In this study, we discussed this subject through a comparative approach and with the help of French law.

Cataloging of historical events could be done in three manners:historigraphy, chronology and beholding history. The author callsthem narration which has a distinguished speciality. He belives that asa matter of fact writing the events which have been taken place in theQajar dynasty into history was not never historigraphy and nor wasa chronology by itself. So there are several themes that run throughthe time which attemp to rethink beholding history in this way. Theauthor uses a modernized one: identity. He describes it as a processwhich leads to the realization of what is and who is. The content ofthis context can be analyzed on the basis of “Self-Else” , “traditionalreligiouslegitimate” and “authority”. In this article three texts of theQajar dynasty have been collate by these Substances: (elixir of history,royal vestiges, modern history). He concludes that identity have anyobjectivity itself. It is important to appreciate the full significance ofthe point that the history texts imply a process with men’s identity orindividaulity. This binary matching of identity with history has beenunderstood too inflexibly.