نوع مقاله : مقاله پژوهشی
نویسندگان
1 دارای دکتری تخصّصی (PhD) حقوق خصوصی از دانشگاه تهران (پردیس قم)
2 دانشجوی کارشناسی ارشد معارف اسلامی و حقوق خصوصی دانشگاه امام صادق(ع)
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The question of the nature of the rules and laws governing the administration and regulation of the social relations among human beings has been one of the biggest concerns of the reasonable people in the long history of human thought. In response to this question, i.e. the nature of the discipline of law, the present article considers it as a mentally posited matter. The authors firstly give different definitions of mentally posited matter distinguishing the one relevant to law. Then they study the quality and components of the discipline of law . Relying on Allama Tabatabbai’s view concerning the mentally posited matters, and the quality of the formation of the discipline of law, they would achieve the significant issue of the presumption of the reasonable.
As a third step, revealing the role of the element of culture in the formation of law and its combination with the presumption of the reasonable, the article would introduce a model concerning the quality of the relation of law, culture, and society elaborating the interaction between culture and law. Through this explanation, the position of the revealed considerations of the divine legislator, and their influence on personal considerations , the presumption of the reasonable, and the relation of law and culture would be clarified.
کلیدواژهها [English]
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