• List of Articles برابری

      • Open Access Article

        1 - Morality and fair procedure in the light of predictability principle of procedure rules
        jalil ghanavati Eslam Mondani
        The relationship between morality and law is a definite affirmation and endorsement of philosophers, ethical thinkers and lawyers. Ethics in the process of procedure are one of the issues that can be specifically addressed in relation to these two issues. Predictability More
        The relationship between morality and law is a definite affirmation and endorsement of philosophers, ethical thinkers and lawyers. Ethics in the process of procedure are one of the issues that can be specifically addressed in relation to these two issues. Predictability principle in civil procedure is considered as one of civil fair procedure principles, looking carefully at provisions of the civil procedure code of Iran and other regulations and Shiite jurisprudence judicial discussions related to the role of judge and the evidences, predictability principle can be recognized in Iran civil procedure code as civil fair procedure principle. Documents of matching transnational procedure and documents and rules of arbitration sample significantly support predictability principle in civil procedure in judge’s performance and litigants of private disputes in relation to evidence. The relationship of other procedure principles is sometimes coordinated with predictability principle such as contradiction principle, parties’ despotic domination principle on civil claim, and the principle of judge neutrality and sometimes is conflicting with other principles of civil procedure such as prohibition of unduly prolonging civil procedure principle, the principle of civil party’s hearing right. In this field, the exact scope and the quality of implementing this principle should be carefully investigated in the light of other civil fair procedure. The sanction of violating implementation of the predictability principle in the civil procedure is invalidity of judicial decisions and possibility of research or appeal violation in this principle of civil fair procedure. The research method is descriptive and analytical. Manuscript profile
      • Open Access Article

        2 - Equality and Non-Discrimination in Social Security in Islamic State
        Ramin  Movahedi Seyyed Hossein  Malekuti Hashtjin Abulfazl  Ranjbari
        Social Security is one of the most important mechanisms for the realization of social justice. Iran's legal system, especially after the victory of the Islamic Revolution and the spread of slogans of justice and equality, and the elimination of all forms of discriminati More
        Social Security is one of the most important mechanisms for the realization of social justice. Iran's legal system, especially after the victory of the Islamic Revolution and the spread of slogans of justice and equality, and the elimination of all forms of discrimination and inequality, at least is in the pursuit of policies and programs to spread social justice through the social security mechanism in many constitutions and laws. The Islamic state of early Islam (Prophet's and Amir al-Momenin (pbuh) governments) views was based on establishing the principle of equality and non-discrimination in the welfare of Muslims. The Islamic State of Iran, whose constitution is regulated by the application of Islamic laws and principles, has also sought to establish the rules governing social security on the basis of principles such as the principle of equality and non-discrimination, and the legislator requires the Islamic state to interfere in its implementation and supervision. Therefore, social security laws in Iran, although as set out in its original objectives, have not been able to comply with the principles of Islamic laws, due to lack of resources and increased population, the efforts made represent the will of the Islamic State along the path to justice and equality in this category. Manuscript profile
      • Open Access Article

        3 - The Duality of Right and Good: From the Old Opposition to the New Combination in Rawls's Theory of Justice
        Afshin Habibzadeh reza akbari nori Seyyed Khodayar  Mortazavi Asl
        Establishing the concept and system of justice has been one of the important subjects of political thought and philosophy and ethics since ancient times. In the history of thought, most of the beliefs about justice have been based on a great idea of good and sometimes t More
        Establishing the concept and system of justice has been one of the important subjects of political thought and philosophy and ethics since ancient times. In the history of thought, most of the beliefs about justice have been based on a great idea of good and sometimes they have provided some preliminaries about good from which a system of right and justice can be deduced. However, the opposition between right and good as concepts that lead to two different systems of justice has been one of the important and long-standing topics of political thought. The importance of the discussion is that the conceptual superiority of one over the other can have wide consequences in the socio-political life of a society. In the discussions of contemporaries, the distinction or opposition of these two concepts was at the center of the debate between the schools of consequentialism and dutyism: consequentialists consider good to be the first and right actions are those that lead to good; Duties put the right first, consider it independent of good, and even prohibit the actions leading to good when they are exposed to fundamental moral rules. But John Rawls tried to propose a combination of the concepts of right and good in his theory of justice in such a way that right can be deduced from the ideas of good, and good is subject to the justice system as a branch of the concept of right. John Rawls's system of justice is a political system based on a political conception of justice that tries to provide an explanation of the requirements for realizing the greatest possible freedom and equality for the citizens of a democratic society. In fact, this structure can be considered as the "rule of law" which both enables the freedom of citizens to pursue their own good and sets limits for it so as not to violate the principles of justice. Manuscript profile
      • Open Access Article

        4 - Equality in the opinions and opinions of the Guardian Council with emphasis on human dignity
        mehdi meftahi sayed mohammad sadegh Ahmadi ghodrat allah noroozi baghkmeh
        Today, dignity-based legal equality has found an irreplaceable role in modern human rights. Therefore, on the one hand, in the Constitution of the Islamic Republic of Iran, several principles, including the ninth paragraph of the third principle and the nineteenth and t More
        Today, dignity-based legal equality has found an irreplaceable role in modern human rights. Therefore, on the one hand, in the Constitution of the Islamic Republic of Iran, several principles, including the ninth paragraph of the third principle and the nineteenth and twentieth principles, deal with the principle of equality, and on the other hand, the Guardian Council as an institution to protect the constitution. According to the Sharia and the constitution, you must consider these principles and cite them. In this research, with a descriptive-analytical approach, an attempt is made to examine the status of equality from the perspective of human dignity in the views of the Guardian Council to determine to what extent the Guardian Council in its opinions and views has invoked this basic principle and authorized rights. In the second chapter, the constitution is guaranteed; Because human dignity is the foundation of legal equality and human beings have the status of equality and therefore are equal in rights. A study of the views of the Guardian Council from the beginning of the revolution until now shows that this council has invoked the principle of equality and non-discrimination in its views on several occasions; But the point to consider is that the council's view of the principle of equality is sometimes merely formal, and in essence equality and positive discrimination have been overlooked in some cases. Manuscript profile