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

After the completion of the preliminary investigation, if the investigator deems that the accused is in charge with that crime, he order a summons to the trial against him. If the prosecutor agrees with that, he issues indictment against the accused in order to send the case to court. Article 279 of the Code of Criminal Procedure sets out the items that should inserted in the indictment. Clause "c" of this article states the accused criminal record as one of the items of indictment. However, the judge of the court will need the accused criminal record when he finds him guilty and want to determine appropriate punishment for him. While the accused may be acquitted in court and there is no need to determine a punishment for him at all. In this article, with a descriptive method, while reviewing the possible foundations of the mentioned legislative sentence, it will be explained that because there is no need to inform the judge about the accused criminal record before proving his guilt, inserting that in the indictment and consequently informing the judge from that is contrary to the principle of prohibition of espionage and may violate his privacy. In addition, the judge's knowledge of the accused criminal record before he or she is found guilty also damages the fair trial process and creates a negative prejudice in the mind of judge, which can violate the presumption of innocence and judge’s mental impartiality. At the end, we will provide some suggestions for fixing these problems.

Following social developments, the approach of policymakers is to determine hate crimes and to protect vulnerable victims in the form of victim-oriented penal policy. Although victim-oriented penal policy emphasizes the protection of vulnerable victims in the light of the doctrine of hate crimes, in some legal systems, including the Iranian criminal system, the legislature has scattered support for victims and does not pay special attention to the victims of hateful behaviors. Therefore, based on the context of victim-oriented penal policy, what is the place of supporting hate crime victims in penal policy? This challenge can be analyzed in terms of the requirements of criminal policy, including appropriate legislation, victim-oriented support mechanisms, and participatory victim-centered approaches. This paper confirms supporting hate crime victims in the form of aggravated and discriminatory criminal support based on analyzing the dimensions of victimization and requirements of the victim-oriented penal policy. In this regard, the creation of differentiated support mechanisms for victims of hate crimes based on a participatory support system is emphasized.

The juridical rule of no Harm is one of the most important islamic jurisprudence rules, which is applied in all islamic jurisprudence section. There is no doubt that it is possible to eliminate harmful rules by applying this rule. But if the lack of a rule leads to a loss, there is a difference that can the said rule establishes a rules. The need to compensate for the damage is a rational issue. In this regard, reason does not distinguish between existential and non-existential affairs. In addition,by referring to the custom, it can also be seen that non-harmful matters should also be compensated. The reasons for the rule of law are absolute. In that sense, any damage should be compensated, whether it be existential or non-existent.

Achieving a good or desirable understanding is one of the concerns for every
nterpreter or theory of interpretation. One of the issues seen as a major obstacle in achieving such an understanding is the interference of presuppositions. The present article, as a descriptive analytical study which applies library data and textual references, aims first to investigate the nature and types of presuppositions and their effect on understanding - either their essential or detrimental influence - from the perspective of scholars in philosophical hermeneutics and Islamic sciences (including tafsīr and the principles of jurisprudence). Then, it seeks to describe and analyze the methods offered in these sciences in order to prevent or control the presuppositions and the degree of success for each science in this regard. Finally, it has been shown that taking advantage of the hermeneutic methodology - such as openness, dialectic, and hermeneutic circle - together with the advantages of the principalist-interpretive method - including consideration of the typical expression and surface intention and conventional evidences like lexical principles on the one hand, and attention to the spiritual and moral competencies of the interpreter on the other hand - can overcome the shortcomings of each of these two methods and make a complementary interaction between the two sciences.

Stereotypes are frequently associated with negative emotions, beliefs and actions against some social groups with different culture, ethnicity, language or race. Stereotyping reflects certain negative feeling as weakness against not only a person but the whole group which that person belongs to. Researches on authoritarian personality show that the formation of stereotyping attitude has its root in the families with excessive emphasis on certain values and disciplines.Family tight control and overseeing of children also produce stereotyping personality. The main objective in this research was to examine the validity of above mentioned findings. So, field research was used for the collection of data on students from Tehran University as statistical population from which a sample was drawn through random sampling who then completed a questionnaire which provided the required data for analysis in mind.

The "La zarar"(no prejudice) rule is one of the most important rules, and perhaps The most important rule of Islamic Jurisprudence. The question which this paper tries to address is whether(La zarar) rule supersedes The situations where no rule exists for compensation of prejudice. Our purpose is to clarify-on the loasis of the evidence of(La zarar) rule, the verdicts of Islamic Jurists, and the exigencies of modern industrial _ societies_ that the said rule establishes a rule namely,it supersedes the situations of no tule.