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

"Rights" and "Public Interest" are among the key elements of political, legal, ethical and social discourse in almost any society around the world including the contemporary legal and political discourse of Iran. Meanwhile, societies inevitably have certain reciprocal tensions resulting from diversities in their ethical believes and contradictory claims. That is why theorists in political philosophy and modern law have strived towards advancing solutions to such controversial strains. To name a few, Hobbes and Hegel have theorized the notion of State Interest, recognizing the interest of a limited number of governors as public interest, based on which they privileged it over individual rights and freedom of citizens. Granting, devesting, dispensing or restriction of any sort of individual rights they maintained could only be realized under the auspices of the same. This theory has its own advocates and critics in Shiiat world. Shaikh Mofid and Shaikh Toosi are among the proponents whereas Shaikh Ansari and Imam Khomeini fall under the category of opponents. In this paper, after introducing State Interest doctrine, we shall later review the misconceptions and practical challenges around the concept in light of Balance theory as a convergent theory in the relation between individual rights and public interest.

The concepts of right and expediency are two of the concepts that have been governed over political, ethical, legal and social discourses in the most of countries. However, due to the heterogeneity of the protection of the individual's rights requirements and the improvement of the general interest, the appearing of an extent of conflict between these rights and those interests is inevitable. The researchers with various viewpoints about relationship between right and public interest have presented different solutions for such a conflict. Some of them have presented the idea of right authority and insisted on priority of rights and some other have regarded the public interest as a superior consideration. Some of resent theorists— by introducing the theory of exceptionalism— have insisted on this idea that we are facing the “normalization of emergency conditions” specially since 9/11 and asked for offering more authority to the state in order to restrict the rights while believing that public interests have precedence over the individual’s rights and freedoms. In this essay, we will attempt to criticise the theory of exceptionalism and then introduce the theory of balance as a convergent theory about relationship between individual rights and collective interests.