Nature of Law and the Quality of its Relation with Culture

Document Type : Research Article

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Abstract

The question of the nature of the rules and laws governing the administration and regulation of social relations among human beings has been one of the biggest concerns of reasonable people throughout 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 a mentally posited matter. The authors first provide 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 Tabatabai’s view concerning mentally posited matters and the quality of the formation of the discipline of law, they arrive at 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 introduces a model concerning the quality of the relation between law, culture, and society, elaborating on 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 between law and culture are clarified.

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History

  • Receive Date: 24 February 2012
  • Revise Date: 20 March 2012
  • Accept Date: 21 May 2012

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