جستجوی مقالات مرتبط با کلیدواژه "the concept of law" در نشریات گروه "فقه و حقوق"

The fluent and simple structure of the ordinary language philosophy paved the way for many analytical philosophers in England to turn to this field, so that they based their analysis on current propositions in people's daily lives. J. L. Austin as one of the most influential philosophers in the intellectual law in the UK, especially the thoughts of Herbert Hart, has been taken into consideration. In The concept of law, Hart does not explain the philosophical foundations of his discussion, but uses the results of the views of analytical philosophers, especially the philosophers of ordinary language, in explaining and analyzing the concept of law. Therefore, this study tries to explain the view of J. L. Austin as the most influential philosopher of conventional language in Hart's thought, in order to get acquainted with Hart's philosophical thought and to clarify the quality of application of these principles in legal issues.

The law is the main center of modern legal system. Iranians were acquainted with the law in constitutional era. Entering this concept in iran created different views. The ideas created range of views, which For his part cause actual events in the Constitutional Revolution and the writing of the constitution. In fact, this views about modernity. This opinions effected on writing Qajar constitution . This developer comments are divided into three categories: progressive, eclectic and against modernity. The first group wanted western law, the second group also wanted western law and islamic jurisprudence and the third group opposed to Western law and only wanted Islamic law. Understanding the law leads to a deeper knowledge of the identity of the Iranian legal system. Also, any talk about rule of law and legislation after reaching a clear idea of the law will occur. This research was performed with descriptive and historical approach.

The concept of law has been one of the fundamental, though controversial, concepts for early constitutional writers. This concept was discussed in a context in which the absolute monarchy, on one hand, and the conservative and traditional sharia-based religion, on the other, had intermingled the possibility of building and establishing the law in its strict sense with political considerations and sometimes incorrect readings. There already existed two normative systems: the conventional system of the monarchy and its bureaucracy and the sharia. The latter one of course had put forward the exclusive claim on the concept of law. In result, it seemed that the most important problem in the way of building and developing the modern law in Iran at that time was the very problem of relationship between law and sharia. Early constitutional writers on the concept of law, however, believed in the following basic requirements of a modern law: humanly enacted, reflecting the public will and being flexible.

Emergence of the concept of law in the Constitutional era should be considered as the result of intellectual endeavours of those thinkers who had striven to explain it long before the official date of the Constitutional Revolution (1906). Therefore, learning about intellectual and objective backgrounds and also about the first discussions and analyses on the nature of law will bear great insights. This paper shall deal with the development of idea of change in the political system in the pre-Constitutional time up to the Constitutional Revolution. This in fact reveals the process of emergence and evolution of the concept of law among the thinker or that era. It was not an accident that people sought a constitutional system and laws appropriate to this system. The existence of an unregulated (independent) absolute monarchy accompanied with an absolute law and then introduction of the idea of a regulated absolute monarchy along with the law as regulations were all background elements that contributed to the rise of a will for a constitutional system which in turn had occupied the mind of the main constitutional thinkers. Law for them was the law of a constitutional system. This understanding went serious changes later on.