CRISIS IN THE AIM OF MODERN LAW, THINKING ABOUT THE CONCEPT OF "PROGRESS" AND ITS RELATION TO MODERN LAW

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Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
There is no doubt that the paradigm of modernity is based on the idea of progress and not compatible with stoicism. However, there is no unanimity on the notion of progress, on its linear nature or its cyclic behavior. The plurality of legal contexts is sign of legal panjurism and the interpretation as the will of meaning is sign of judgmental panjurism. This is a crisis factor in the aim of legal modernity. The explanation of this content is not possible without explaining the nature and meaning of the notion of progress and the nature of modern law; because this is ambiguous in the concept of "progress" and its nature in the discourse of modern law. This research is based on duality of the fields of cognition and norm in the discourse of modernity to present a clear sign of progress and its relationship with modern law.
Language:
Persian
Published:
journal of Private law studies, Volume:49 Issue: 1, 2019
Pages:
51 to 68
https://magiran.com/p1963157