جستجوی مقالات مرتبط با کلیدواژه « Contractualism » در نشریات گروه « علوم انسانی »

New governance through regulatory governance seeks to reduce direct government intervention and redefine its role in the public sector. In order to adapt to the new conditions, the traditional public administration is bound to carry out reforms; In this regard, the aim of the research is to discover the elements of the transformation of the French public administration, and to analyze their relationship with regulatory governance. Therefore, by using the library method and the descriptive-analytical method, various factors of the evolution of public administration and the practical fields of realizing regulatory governance in France were investigated. According to the findings of the research, the four new tools for the transformation of the French public administration are: 1. Budget reforms 2. Simplification 3. Contractualism 4. The effects of multi-level governance in interaction with the European Union, which are in a mutual link with regulatory governance and their objective manifestations are crystallized in the increase of participation, the development of reflexive law and the flexibility of the legal structure. In conclusion, it seems The French government is on the way to adapt to the requirements of the new governance, by exploiting the tools of the new public administration and regulatory governance components, towards the regulatory government with an understanding consistent with its administrative tradition.

Contractualization is the subject of the current reflection of French law on the rapid evolution of family law. Individualism, fundamentalism, and distancing from institutionalism and imperative rules are at the root of this trend. . It is true that many forbidden things have been broken in this way. Items only Limits such as some elements of personal status and legal parenthood are not . It is true that many forbidden things have been broken in this way. Items only Limits such as some elements of personal status and legal parenthood are not contracted.. The correct understanding of contractualization will be possible by recognizing the relationship of a legal system with contractualism. In French law, there is a serious view that contractualism, although in the service of the individual, will ultimately serve society and shape a kind of social regulation of family relations. In contrast, Iranian family law, given its Islamic origins, has a serious relationship with contracts. But this relationship is organized according to the comprehensiveand definite interest of man, in which no dimension of human existence is ignored and mixed with doubt and there is confidence in it. In this case, the interests of both the individual and society will be served. Proper knowledge of the boundaries of the imperative rules and protection of its capabilities can protect Iranian law from the harms of this trend while benefiting from contractualization.

With its diverse characteristics, the “modern society” is a precondition for understanding the modern perception of the concept of crime. The transformation from the traditional social system to the modern society and the quality of this transformation - which is the main issue for classical sociologists - makes a great change in the concept of crime, which is known as the ‘restorative approach’. This subject is so importance that if we want to talk about criminal law, criminology and criminal sciences in the modern world, which requires a restorative approach, we must understand the essence of the modern society as a precondition and its relations. The French philosopher and sociologist, Emile Durkheim, is a pioneer in explaining the modern society’s nature on the one hand, and explaining the restorative approach to crime on the other hand. Crime, according to the restorative approach, as Durkheim says, is based on the special structure of modern society and its various dimensions such as social division of labor and organic solidarity; and for this reason, it is does not imply its traditional conceptual meaning  which has a nafs al-amri (related to its essence) aspect - rather it implies an economic, conventional and individualistic concept. A deep understanding of the nature of crime in the light of the restorative approach and based on the requirements of the modern society prepares the ground for theorization on crime in the context of native cultural and epistemological roots. I have used an analytical approach in this research, considering the necessity of analyzing the modern perception of the concept of crime and its relationship with the conceptual elements of the modern society.

Encountering the variety of logic systems, three theories have been introduced; exclusivism, pluralism and instrumentalism. Exclusivists consider only one system of logic to be correct. Pluralists consider all systems of logic to be correct. Instrumentalists do not consider any system of logic to be correct (correctness of logic is irrelevant for them). The theory introduced in this essay is inclusivism. Inclusivism is neither exclusivism, because it does not consider more than one system of logic to be correct, nor it is pluralism because it does not consider all systems of logic to be correct, and nor is it instrumentalism, because the correctness and incorrectness of the logic system is irrelevant for it. Avicenna also faced diversity in the knowledge of logic; Aristotelian logic and Stoic-Megarian logic. He has not been exclusivist in this encounter, because if that was the case, he would choose one and give up the other. He was not a pluralist, because if that was the case, he would have taken both of them without any unwarranted change and all in one piece. Avicenna was not an instrumentalist either, because the correctness of the logic system was relevant for him.

This study seeks to identify and explain the professional characteristics of Management accountants based on ethical judgment. To achieve this goal, first, Using content analysis based on literature review and research background, the set of characteristics along with their indicators were developed.
Then, fuzzy Delphi method was employed using 31 professional experts’ opinions in the field of management accounting , to confirm the components and indicators’ validity. The findings assert that the characteristics of management accountants’ professionalism comprise of 7 components including: professional affiliation, professional dedication, social obligation, professional autonomy, self-regulation, specialized knowledge, Professional knowledge and skills, Honesty and commitment to professional behavior, besides 41 indicators and dimensions of ethical judgment. 3 components of relativism, contractualism and moral justice along with 16 indicators were approved by experts. Based on the findings of fuzzy Delphi through two phases and identified characteristics, it can be stated that all components and indicators in Iran have been approved.

This study aims to provide a model of characteristics of management accountants’ professionalism (professional affiliation, professional dedication, social obligation, professional autonomy, self-regulation, specialized knowledge, Professional knowledge and skills, Honesty and commitment to professional behavior) based on ethical judgment (relativism, contractualism and moral justice). The data of this study were collected based on 349 questionnaires and hypotheses were tested using pls software and structural equations. The results of this study increase the understanding of how and why promoting management accountants’ professionalism through professional training and socialization improves ethical judgment.The results also showed that management accountants is recognized as an independent profession that the information provided by them is useful for internal and external users.

Reviving the Kant`s contractualism is able to foundation for evolving the modern administrative law and reflecting the universal values in construction of administrative order, especially in ages that globalization has been affecting on administrative law scope. Developing the judicial review on administrative acts, administrative trial and values of good governance are the most famous indication of emerging of universal administrative law system. This article seeks to answer a question about how to construct and combine the concept of administrative justice of the contract-foundation with a descriptive-analytical method, which seems to be a suitable context for the development of the above values in the field of administrative law. Administrative justice is a concrete phenomenon that cannot be found only in the legal context. In other words, the emergence of administrative justice in the modern state is the product of the coexistence of public interest and contractism. This concept of administrative justice is distinct from the ancient concept of justice in classical states. In this context, administrative justice is a concept based on social contract and public interest that harmonizes social developments and public will with the legal structure. In fact, this coexistence is the starting point of administrative justice with the emergence of the government.

Objection of the administrative justice conception does not occur independently of the minds of percepts; therefore, this is the objectivity of a cognitive product which enables the object of the identifier to be in conjunction with its subject and is studied in the contractual context. A review of the administrative justice theory in the contractual context, based on institutionalized methodology, is similar to John Rawls, theory of justice, requires the consideration of three components of public interest, right and need as the aspects of administrative justice in the administrative law system. The public interest is a two-dimensional concept; the first aspect concerns the actions and decisions of a kind of government and public authority which often made through the regulation and statute of law. The second one is judicial review on such acts which are the supervisions of administrative courts on the interest of government and individual benefits. Therefore, the conflict between individual benefits and public interests in this aspect of administrative justice is more prominent. The concept of administrative justice on the right is determined in formal and substance dimensions. Administrative procedure and procedural code are the means of guaranteeing the right to respect the formal right. Obtaining case decisions, as well as investigating public’s claims to the actions and decisions of the authorities, are fundamentally the types of formal right. The third dimension of administrative justice is needed that appears in the right-claim and legitimate expectations in the legal system.

Seyed Mohammad Hossein Tabataba'i “Theory of Etebariat” is a theory for explaining the mechanism of a set of human perceptions which have not counterparts in the external world and are the fictions of the active powers of man. Some of these perceptions consist of our perceptions of Goodness (Husn) and Badness (Qubh). By knowing Goodness and Badness as Etebari (conventional), it can be assumed that Tabataba'i Theory of Etebariat is a contractualist theory. In this paper, we have tried to compare Tabataba'i theory with one of the contemporary contractualist theory, i.e., John Rawls’ “Justice as fairness” theory, to consider their points of similarities, and to get, by this comparison, a better understanding of Tabataba'is Theory of Etebariat and it's being a contractualist or non-contractualist theory. So, in this paper, we will discover, extract, and state, by an analytic method, the presuppositions, arguments, and implications of these two theories. We claim that, in these three aspects, there are similarities in Tabataba'i’s and Rawls’ theories, which justifiably support our assumption.

In John Locke''s thought، through an active function، the mind synthesizes sensible and successive forms acquired by internal and external senses; and، makes scientific (mental) objects against external ones. In this way، it finds quidditive concepts of objects. Then، the power of understanding selects some common ideas which concern some similar object، and introduces them as essentials of such objects، and thus as their «types». According to this view، components of types are selected by us and they are، therefore، products of selection and mind''s contract. On the contrary، according to Kant، the mind is merely abstracting the final and pure forms of objects or their types and genera. According to this approach، reflective judgment، in a complete action and far from a priori concepts and principles of understanding، reflects upon types of objects، and unites objects and a lot of laws of experience through abstracting types and genera. This position، according to which such universal forms are fully mental and non-cognitive and ascribed to the supersensible substrate of nature or nature in itself، is a realist one; and، it is، therefore، against Locke''s contractualism; though neither Locke''s contractualism nor Kant''s realism is described in an extremist way. The present writing seeks to describe the opposite positions of the two philosophers concerning the mind''s contribution in acquisition of types.