مجله پژوهش های اخلاقی
سال دهم شماره 2 (پیاپی 38، زمستان 1398)

Kant according to his philosophy of critique and relying on practical reason, achieved a moral order that distinguishes his philosophy of ethics from some other philosophy of ethics. Relying on practical reason and ignoring theoretical reason, deontologism, formalism, absolutism, separation between happiness and perfection, good agent, the priority of morality to religion are some features of Kantian ethics. Professor martyr Motahhari while accurate explaining and analyzing of Kant's ethics philosophy and using the moral system of Islam, has been reviewed and criticized it. At first we will explain a brief principles and basic issues of Kant's ethics in this article and then we will review it from the perspective of martyr Motahhari

The purpose of this research is to identify the determinants factors of rtention of professional staff at the National Oil Company. This research is carried out in a qualitative and exploratory approach. For this purpose, after reviewing the literature and theoretical foundations, this research determines the determinants factors affecting retention of professional staff and the initial model of research is that set and after the implementation of the Delphi technique in three rounds the final model of the study was prepared. The experts of this research consist of 15 N.O.C managers and 15 university faculty members selected through targeted sampling. Validity of Delphi questionnaire was used to determine the validity of the content and validity of the scribes and also to determine the reliability of the theoretical saturation method. In first and second steps of Delphi, a number of indicators such as social support, … and several other indicators with an average of less than 4.5 were excluded from the model and the rest of Indices were provided to the experts, which was approved at this stage. The result of this assessment led to the confirmation and finalization of the general framework of the conceptual model of research. Findings show that organizational, individual and cultural factors affect the mediating variable "employee’s attitude" and the most frequent is the effect of organizational factors on employees' attitude. Also, these factors affect the "retention of employees" as the criterion variable

The present study investigated the freedom-depriving penalties in legal system of Iran and England. It was suggested that incarceration of juveniles should be used in serious crimes and when it is required for public protection, because it might cause undesirable effects on juveniles which can make their correction and rehabilitation period longer. In recent years, different reactive programs have been developed in England for preventing juvenile delinquency including alternatives to imprisonment which do not exist in Iran. Investigating the existing principles and reactions of legal system of England which is the result of comprehensive study made by the legislator can be a solution for Iranian legislator for making modifications in juvenile justice system

The most famous epic of Baluch meaning Rend and Lashar was formed based on ethnic and regional values keeping the mentioned values, which lead a divesting and erosive war prolonging thirty years between two tribes of Rend and Lashar. The above mentioned epic, which is greatly appreciated among Baluch People is assessed based on its morphologic analysis regarding the elements of story in details such as:Speech’s, behaviors, heroes, the logic of story, space and time, narration procedure, figure of speech and techniques. The objective of the author is introducing culture and literature of Baluch as well the most famous epic of Baluch based on morphologic analysis for those who appreciate and follow the literature of Baluch. There are many books are written on subject of poetic literature of Baluch. However. No considerable and independent book aims introducing Rend and Lashar epic based on morphologic procedures. This thesis is the first independent piece, which regard this subject for sure. The data are gathered using library study method and morphologic procedures.

One of the fundamental institutions in the Islamic penal code is the legal justification for impunity. This issue, which creates a boundary between Islamic law and secular rights, has long been the subject of attention by lawyers, criminologists and psychologists. The rights of the perpetrators It is considered that punishment is considered a legal issue, and criminologists, with a causal view of their consequences and consequences, in line with the goals of criminal psychology and educational approach, are a deterrent and prospective factor associated with the principles, foundations and objectives of punishment. Criminological Assistance Subject to Exemptions from Keeper in Respect of Goals The use of punishments and arbitrary institutions is one of the achievements of modern criminology in criminal law to assist in the criminalization of individuals' socialization and personal and social support, as reflected in new criminal laws. In this regard, criminal law shows a significant correlation with the use of jurisprudence and other sciences, including criminology, psychology and sociology, and, of course, ethical considerations in scientific and supportive dimensions. In the meantime, ethics and its relation to rights are the main and most commonly discussed issues in the philosophy of law. The impact of morality on criminal law has always been a controversial issue in both criminality and the determination of punishment. Nonetheless, attention to moral principles and considerations is one of the most important reasons for emphasizing impunity. Through respect and trust, one can influence the will of the criminal and prevent the repetition of the crime. Also, some of the conditions that the legislator has in Article 38 And the 39th Criminal Code, approved 92 (for example, honorary motivation, good record, etc.), is consistent with ethical considerations.

Public-private partnerships are one of the main forms of financing and implementing infrastructure projects in developing countries. Contracts (Group B) are one of the most successful and effective contracts in this field, which has led to the significant growth of these contracts and has led to the formulation of rules and regulations governing their implementation and enforcement by governments.In fact, the current framework for the classification of contracts in the form of a eBay contract. She. T is engineered and engineered according to their needs and the legal principles are not respected. Therefore, the current classification has several major disadvantages, including disregard for the nature of contracts, disregard for the principles of contracts, and disregard for the principles of division in law. Careful examination of these contracts shows that some of these contracts are so different from the BWT contract that they cannot be classified as a BWT contract and the proper division of these contracts into a B group. And the subgroup of Group B contracts. She and Dee. Bi. Is

In general, it is accepted as a principle that the damaging acts of persons are not attributable to the states. So not only states are not responsible for such actions, those who have committed them are held responsible. This is supported by the states doctrines and practices as well as international legal procedures and decisions. The international responsibility of state with respect to the damage to other states and their subjects is limited to the acts of its own agents who are acting on behalf of it. However, there are certain circumstances if met the acts of persons can bring about responsibility for states. As stated in the article 8 of the international commission bill, the act of a person or a group of persons is regarded as the act of a state if it is done by the order or under control and guidance of the state. This demonstrates that the conditions of control and guidance are essential and if they are met action or inaction of a national can bring about responsibility for the respected state. The present dissertation studies the cases and forms of the responsibility of states for the acts of nationals within the realm of international and internal law. Furthermore, the actions that bring about responsibility for states are studied.

Based on psychological theories, decision-making of managers are influenced by some inaccessible psychological and Behavorial factors that in order to make effective decisions, it needed to understand these factors. Unfortunately, in many cases, managers are not aware of this issue, and as a result of their lack of management of their feelings, they unconsciously make mistakes. One of the effective solvation is hellping of new science in accounting named behavorial finance .The present research is conducted in the field of individuals and explores various psychological and Behavorial factors that affected in decision making of financial managers in the banking system.This research is a step-by-step with a qualitative-quantitative approach, which is conducted in most of the questionnaires, so that using of Smart-Pls, with the help of AHP techniques, it will rank the effective psychological variables in selection of financial managers and decision making of them. The results indicate that inheritance, personality, acquisition and social factors influence people's decision making so that variables: having confidence, managing and controlling stress, person's responsibility and having mental abilities in finding innovative solutions, having emotional intelligence (EQ), are the psychological factors that effected in kind of decision making of financial manager.

commerce (electronic-commerce) is, in principle, a financial transaction in the context of interconnected electronic devices; therefore, it is not a new financial contract, but includes traditional transactions and contracts. Interference with electronic devices has only changed the pillars of this contract. United Nation’s Commission on International Trade Law (UNCITRAL) has provided three important documents on e-commerce as follows: “ANCITRAL Sample Law on E-commerce”; “ANCITRAL Sample Law on E-signature”; “The United Nations Convention on the Use of Electronic Communications in International Contracts”. ANCITRAL sample law on e-commerce, major changes in communications, and in particular, in electronic and computer-based communications on trading, led ANCIRTAL to put the issue of electronic commerce on an agenda from the early 1980s. E-commerce consists of series of legal issues which finding an answer to them, in legal systems, is an irrefutable necessity. One of these issues is the termination of electronic contracts. Since the traditional contracts, in our country, are in their early stages, it is desirable to take advantage of the patterns that international institutions have put forward in this regard. Offering functional suggestions in relation to the topic can be considered as the goals specified in this study

In spite of changes in juvenile justice systems, punishment has always existed in them and the governments have preserved the right to punish. The criminal justice of Iran faces several challenges with respect to juvenile delinquency due to uncertainty of legislator in adapting criminal policy to scientific and social principles, and in selecting correctional-therapeutic patterns. There is no definite and organized procedure for determining the sentence of imprisonment for juvenile offenders, and legal authorities have little flexibility in this respect. Today, punishment-based approaches toward offenders, especially juvenile offenders in England is a part of an effort to establish (not re-establish) ethical responsibility, based on which , the degree of punishment is determined. The present study investigated the freedom-depriving penalties in legal system of Iran and England. It was suggested that incarceration of juveniles should be used in serious crimes and when it is required for public protection, because it might cause undesirable effects on juveniles which can make their correction and rehabilitation period longer. In recent years, different reactive programs have been developed in England for preventing juvenile delinquency including alternatives to imprisonment which do not exist in Iran. Investigating the existing principles and reactions of legal system of England which is the result of comprehensive study made by the legislator can be a solution for Iranian legislator for making modifications in juvenile justice system.

The tendency to wisdom and its description are one of the most prominent and important features of Naser Khosrow's writings. The present article is intended to investigate Nasser Khosrow's thoughts on reason and rationality, philosophical and religious foundations, and his educational teachings. After describing and explaining Naser Khosrow's Philosophical and Educational Perspective, the author looks at the nature of reason and rationality to study the resulting educational teachings. In this article, the author has used descriptive, analytical, and documentary methods using library and electronic resources to describe concepts, analyze and explain the problem. Meanwhile, information analysis was carried out using a (inductive) category system. Our findings reveal that Nasser Khosrow believes that reason is the gift of the goddess of religion and the kimia of happiness in the two worlds that the wise man, with the help of which in the world, is protected from sin and in the hereafter from the fire of Hell. Also, human supremacy affects all the creatures of the science of appearance and inner being due to the existence of reason. Accordingly, the educational teachings of rationalism from the perspective of Nasser Khusraw include the fulfillment of ethical conduct, self-cultivation, reasoning (the assessment of the accuracy of the matter with the criterion and logical and rational reasons) and the independence of thought and imitation.

Bilateral Investment Treaties as one of the most common instruments of the conclusion of foreign investment treaties, particularly in recent years has played an important role in establishment and development of foreign investment in-between the states. Considering developing flow of significance of human rights obligations and its corresponding activities specially since 2016, together with conclusion of certain bilateral investment treaties towards this trend and as the role of New Generation bilateral treaties in determination and consolidation of Human Rights obligations became more apparent, a survey regarding different aspects of this role and terms of its development will be of great advantage and necessity that in this article has been tried to dealt with

Freedom of information and freedom of expression in the Islamic society are two dimensions of the ethical behavioral pattern of government, so that, on the one hand, all members of the community should have the right to express their views and express their views. On the other hand, the society is obliged to provide for the free access of individuals to each other. Slowly The underlying principle in these two types of freedom is the principle of "Abaha" in philosophy, in the sense that whenever a matter of doubt or doubt is subject to restriction or prohibition, it must be the principle of freedom rather than limitation, while the provision Restrictions on freedom must also be enforced by law and not arbitrarily. Separation from this ethical model of government. It is necessary to review the substantive filtering standards in line with the international human rights system. For this reason, individuals must have the necessary freedom to publish and publish information. Although in the Islamic and legal ethics of freedom of expression in our country, there is no right to restrict the freedom of expression or the prohibition of free access to information, but the law is also subject to limitations that must be respected so that the imposition of probable limitations on freedom It should also be part of the needs of a democratic society, so that the legislator can not place anything as a restriction on freedom of expression and information. What is being discussed in this article is to examine the limits of information freedom and filtering

The educational basis of the Quran is based on the improvement of the behavioral and moral relations of the people of the age of decline. "Nejibit" and "fanaticism" are one of the most pre-Islamic Arabic behavioral attributes that have been reflected in various forms in the verses of the Qur'anic religion. The plot of subjects such as ignorance, violence, divorce, tribalism, multiplication and divorce on property and children shows that the Qur'an sensitively challenges all aspects of the discussion and seeks to eliminate them in various ways. The condemnation of the mistaken audience, the trauma of behavioral harm in the past and the past religions, as well as the explanation and explanation of the position of the Muslims towards other religions, forms the scientific logic of the Qur'an in educating the people of the age of decline. The characteristics of neurotic neurosis with the same indices are also observable today, although its structure has been adapted to the present day. Modern nervousness in the age of technology has kept man in riots such as racism, violence, war, murder and looting. The Quran, in its educational fundamentals, provides humans with thoughtful ways to pass through the vices and attribute virtues. Absolute acceptance of the sovereignty of the sacrament, the rejection of the rule of folklore, the obedience of the Prophet of God, the reliance on individual virtues, the negation of worldly and divine ignorance, the rejection of selfishness and cobraism, the emphasis on tolerance and the educational elements of the Quran is about the issue of the prohibition of ignorance, It is also on modern nervous system.

In general, any form which causes the invalidity of a contract and if its' continuing legal effects will be stopped, the contract is considered as dissolved. Whether the contract is necessary or permissible, owned or covenant, is exchanged or gratuitous and is related to real persons or legal entities. In this meanwhile, lease contracts as gratuitous and purchase contract considers as such contracts which the legal effects of dissolution returns to it. This article intends to carry out a comparative study to determine the approach of Islamic republic of Iran and France's Civil Code about the dissolution cases of the lease by utilizing a qualitative approach that is based on gathering information from library resources. Findings from this study indicated that from the perspective of legal sources, we can invalid the agreement between the landlord and tenant and order to its dissolution through some forms of dissolution, including termination, nullity and also the lease termination. Also, in the civil law of Iran, contract lease is a customary contract. Therefore, at the time of the conclusion of the contract, the value of the procured profits must be determined and specified; despite of the French legal system which considers the contract lease to be a covenant. It is not possible to determine the term indefinitely; in this case, the contract lease is null and void.

According to Article 140 of the Civil Code, one of the instruments of possession, contracts and moral obligations, and through the conclusion of contracts, the transfer of ownership of property from the owner to another person is practicable. The conclusion of a contract and, in general, any legal act requires the existence of the intention of the parties. As stated in Article 190 of the Civil Code. Under normal circumstances, the intent and willingness of the parties with their presence are announced, whether they are intermediary or arbitrary. Sometimes, for reasons such as personal refusal to fulfill his obligation or his refusal to enforce a statutory requirement, and according to the authority of competent authorities, the transfer of personal property to another person without the presence of the owner is posed, in this note, some ethical and practical aspects of doing these transactions are in the form of a report And the legal dimensions of its transfer and some related works related to adultery will be discussed. The type of research method in descriptive and analytical manner, based on library and documentary resources, by referring to the laws, existing legal literature in the field of current research, from the viewpoint of academic and seminary professors, we will analyze the relevant materials and then analyze them