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Open Access Article
1 - The relationship between corporate social responsibility and competitive advantage (Case study: industrial group selection)
zohre fehrest Hadi Teimouri reza ansariDefinitely Corporate Social Responsibility in today's competitive world in various fields of business is crucial position due to changes in global markets and sustain competitive advantage for manufacturing companies is very difficult.It was once thought that organizati MoreDefinitely Corporate Social Responsibility in today's competitive world in various fields of business is crucial position due to changes in global markets and sustain competitive advantage for manufacturing companies is very difficult.It was once thought that organizations are responsible solely to the staff or to be the best consumer products, lower prices and higher quality to their customers.Secondary consequences for not knowing what the product is, today, giving customers an organization of life-giving organizations to continue to operate in competition with others counts. . The present study is applied in terms of purpose applicability and based on the data collection methodnd descriptive and survey type. Required data with questionnaire the customers of Isfahan Selection Industrial Group are gathered and In order to analyze the data, structural equations were used. The results of the research show there is a relationship between dimensions of social responsibility and competitive advantage the organization has taken various social responsibility measures to raise its intellectual capital And it makes the organization different. Manuscript profile -
Open Access Article
2 - The Effect of 1% Law in Industry- University Relation Development
hossein salaramoliIn this report, our review of work carried out to evaluate and analyze the parliamentary act defines as law of 1%, which has played a critical role in Iranian S&T development during last three years. This act has been legally confirmed by Islamic Parliament since 2007 MoreIn this report, our review of work carried out to evaluate and analyze the parliamentary act defines as law of 1%, which has played a critical role in Iranian S&T development during last three years. This act has been legally confirmed by Islamic Parliament since 2007 in annual budget plan and this confirmation repeated three successive years with small changes. The main job was in practice since 2008, based on this rule more than 530 governmental companies, institutes and banks should increase their S&T investment up to one percent of their annual operational income. In general, during years 2007 to 2010, more than 9762 research priority introduced by these companies and 5247 research projects have been signed. The total amount of these projects was about 8300 B Rls ($830 M). Also in this work, the opportunities and challenges have been reviewed and few comments recommended for annual budget of 2011- 2012 (1390). Manuscript profile -
Open Access Article
3 - درآمدی بر برنامهریزی توسعة علوم و فناوریها
gholamhossein khoeshidi -
Open Access Article
4 - The Antigone of Sophocles and Athenian Democracy
مصطفي يونسيThe main purpose of this article is to find the relation between political implications of Sophocles’s Antigone and “Athenian Democracy”. To do so, we have used a structuralist approach the main feature of which is exploring binary oppositions in the text which in turn MoreThe main purpose of this article is to find the relation between political implications of Sophocles’s Antigone and “Athenian Democracy”. To do so, we have used a structuralist approach the main feature of which is exploring binary oppositions in the text which in turn results in finding the oppositions within the political-social life that provides a ground for the creation of the text. From the point of view of political thought, the most prominent opposition in the tragedy of Antigone which creats a network of oppositions around itself, is the one drawn between “family”- with its values- and “political system” and the relationships among the citizenry. The importance of this opposition has been confirmed by Christian Meier, Jean Pierre Vernant, Charles Segal, and even Micheal Zelnak.It reveals a transition to the epoch of citizenry’s relations. It also caused the confrontation between “unwritten divine laws” and “man-made written laws”, the opposition that is the main focus of the present article. Manuscript profile -
Open Access Article
5 - Economic Theory, Constitutional Law, and Justice
abolfazl pasbaniUsing an interdisciplinary approach and analytical method, the present article attempts to find the possibility of applying justice to the economic theory in the Constitutional Law. The main finding of the study is that although the Constitutional Law has acceptable pot MoreUsing an interdisciplinary approach and analytical method, the present article attempts to find the possibility of applying justice to the economic theory in the Constitutional Law. The main finding of the study is that although the Constitutional Law has acceptable potentials and offers good solutions, its capabilities have been exaggerated and, according to Amartya Sen, it manifests a kind of transcendental institutionalism. However, attention to unofficial institutions can be more fruitful. Manuscript profile -
Open Access Article
6 - Governance in the Thought and Action Of "Mohammad Ali Foroughi"
saeede khaliliThe inefficiency and backwardness in structure of the political system ruling Iran during the Qajar era led to poverty, illness, humiliation and defeat for the people. This means that the metaphysical model of governance has not been able to meet the needs and requirem MoreThe inefficiency and backwardness in structure of the political system ruling Iran during the Qajar era led to poverty, illness, humiliation and defeat for the people. This means that the metaphysical model of governance has not been able to meet the needs and requirements of that time. Therefore, the political elites sought to inspire Western civilization to change the paradigm of the ideas governing the political structure of the traditional Iranian system and to adopt a new way of organizing the political matters. Examining the thoughts of these elites indicates an important change in the field of Iranian thoughts, because it was the first time that we were heard concepts such as law, limited power, parliament, justice, and people's government. This approach proves that Iranian society and political structure are moving toward a modern type of government. Among the elites in this field, Mohammad Ali Foroughi has coherent and thoughtful theories about the proper form of government in Iran's political body. Thus, the purpose of this research is to examine the effects of his ideas, to focus on his notion of government, and to answer the question that what kind of government is suitable for the Iran's political structure in his thought. What are the characteristics and components of this government? How was the crystallization of his mental structure about the state in his actions? The research hypothesis is that Foroughi appears to be a constitutionalist with techniques such as constitutional government, the separation of powers, a powerful parliament, the judiciary, and the recognition of civil rights such as freedom of expression and opinion, housing, employment. We have tested the research hypothesis in the context of Skinner's hermeneutical framework. Manuscript profile -
Open Access Article
7 - Measuring the internal coherence of political regime elements in Plato's laws
Seyyed Khodayar MortazaviThis article examines the internal logic and relation of elements of the existing regime in Essay of the Laws based on their duties and powers, using the theory of "Spragens" and taking into account the crises in the society. The result of the work is to draw a model of MoreThis article examines the internal logic and relation of elements of the existing regime in Essay of the Laws based on their duties and powers, using the theory of "Spragens" and taking into account the crises in the society. The result of the work is to draw a model of the political regime in which we see a combination of the main elements of the two regimes, monarchy and democracy, and its most important goals are to ensure the prosperity and security of the members of the society. In this regime, the institution of the monarchy is at the top, but powerful council institutions such as the Night Council, Law Guards, and the City Council composed of experienced elites are foreseen, which, although they adjust the role of the king in the administration of affairs, in many cases, their duties overlap and paradoxical. In general, the arrangement of the institutions of this regime is such that due to the lack of internal coherence, it deprives the citizens of the possibility of dynamism and fundamental innovation or prosperity, and perpetuates a static and rigid state in various aspects of life. Also, this regime can be seen as a model between two ideal and real societies, which, although it is far from the model of the Republic, its real actualization is also very unlikely. Manuscript profile -
Open Access Article
8 - Factors and barriers affecting the Rolling of civic Ethical Politics from Theory to Practice: about the Possibility of Establishing a Moral Politics based on the Philosophy of Levinas and the Experience of Mossadegh
حسین مصباحیانThis article seeks to shed light on the question of what is moral politics and what is its place in the political and moral thought of our time? The article argues that the separation between the two realms of politics and ethics, which Machiavelli has largely proposed, MoreThis article seeks to shed light on the question of what is moral politics and what is its place in the political and moral thought of our time? The article argues that the separation between the two realms of politics and ethics, which Machiavelli has largely proposed, may and should be considered a positive achievement for both, but the simple, classical, and absolute form of this separation isn’t defensible in our contemporary political and moral thought. For this reason, this article, based on the teachings of one of the most important philosophers of ethics, "Emmanuel Levinas", has tried to help strengthen the theory called "Ethical politics" and by defining ethics as the first philosophy and politics as an instrument to actualize the foundational ethical “Hospitality”, find a way to link ethics as teleology of peace and politics as its practical agent. The second part of the paper extracts and clarifies Mohammad Mossadegh’s notion of “the relationship between ethics and politics”—which serves as the foundation and source of his political activities—from his letters, memoirs, lectures and treatises. A presumption of this paper is that Mossadegh had developed a project within the political sphere which can be deemed as ethical in certain respects. I argue that this project can in turn be interpreted as an indication of the unity between the ethical and political spheres in Mossadegh’s thought. Manuscript profile -
Open Access Article
9 - Comparising the components of democracy with the criteria of good governance in the light of international law
Akbar Savari Samaneh Rahmatifar Shahram zarneshanThe purpose of this study is to explain the components of good governance as indicators of democracy in order to end the divergence of views in understanding democracy from the perspective of the Practical procedure of international law. Good governance is one of the pr MoreThe purpose of this study is to explain the components of good governance as indicators of democracy in order to end the divergence of views in understanding democracy from the perspective of the Practical procedure of international law. Good governance is one of the prescriptions of international institutions for national systems and democracy is one of the long-standing social aspirations of nations. The research method is descriptive-analytical with a genealogical approach; In this way, after describing democracy and good governance, in terms of their history in international law, the components of good governance as the principles of democracy are measured through the comparative method. The result shows that the components of good governance have the potential to become indicators of the principles of democracy and, by objectifying democracy, make it possible to measure the degree of democratic legitimacy of states in terms of international law; Thus, in international law, a legitimate state is a democratic state, and democracy means the domination of good governance over all relations between citizens and the state. Manuscript profile -
Open Access Article
10 - Explaining the position of the President in the Constitution from the perspective of the efficiency of political institutions in the Islamic Republic of Iran
seyedreza shakeriPolitical institutions in the light of the evolution of political thought and theories can show new possibilities and limitations. The President has an important and decisive position in the Iranian Constitution, which stems from the direct vote of the people, the ratif MorePolitical institutions in the light of the evolution of political thought and theories can show new possibilities and limitations. The President has an important and decisive position in the Iranian Constitution, which stems from the direct vote of the people, the ratification of the Supreme Leader, the representation of Iran's national sovereignty in relation to other countries, and its symbolic national face.Today, when the power of states and governments has diminished and, instead, human and individual responsibilities have been highlighted in various spheres of society, politics, and economy and in common human issues, the position of the President, according to new readings, acquires such capacities.Today, as the power of states and governments has diminished and, instead, human and individual responsibilities have been highlighted in various spheres of society, politics, and economics and in common human issues, the position of the President, according to new readings, acquires such capacities.The question of this research is what is the role and position of the president in the constitution according to the efficiency indicators and how can this position be promoted in practice to increase his efficiency? The position of the President is studied in this article with the aim of recognizing and explaining the new possibilities of political action.This effort is based on the components of efficiency within the normative institutional theory. The results show that all the human and cultural content of Constitution can show and reveal new functional aspects for president according to those components. Manuscript profile -
Open Access Article
11 - A Comparative Study of Mortgage Contract and Its Establishment in Iranian and American Legal Systems
Farideh ShokriAbstract: According to Iranian legal system, despite the existence of fixed debt in an obligation, pledgee and its waiver, the mortgage contract shall be enforceable and the right of pledgee shall be established on the mortgaged object. This is done without any differen MoreAbstract: According to Iranian legal system, despite the existence of fixed debt in an obligation, pledgee and its waiver, the mortgage contract shall be enforceable and the right of pledgee shall be established on the mortgaged object. This is done without any difference between the two stages of creation and establishment of the right of pledge. Even in the case of immovable mortgage it is obligatory to register the document. On the other hand, in Iranian legal system the principle of transferability of the mortgage – however briefly – has been officially recognized so that conclusion of a mortgage contract and the establishment of the right of pledgee is no obstacle to future transfer of mortgage or pertinent rights by the mortgagor in case it does not violate the rights of the pledgee. The rule of this principle, without special stipulations on establishment of the rights mentioned in the contract such as obligation to register the mortgage, will sometimes raise consequences such as dispute in discerning priority, reference to the superficial contracts containing the date of priority and consequently violating the rights of pledgee as well as legal dispute in courts and probably penal procedures. Whereas in many legal systems across the world, the US legal system for instance, there is a distinction between the two stages of concluding the mortgage contract or a pledge and stipulations for the establishment of the rights of mortgage for either side. In these legal systems, a distinction has been made between movable and immovable mortgage and establishment of the right of pledgee on each case requires finishing certain formalities otherwise, the right of the pledgee will be incomplete and the priority will be with the other party finishing the procedure. The question raised in this paper is this: Is it possible to make a distinction between the two stages in Iranian legal system with respect to the existing jurisprudential laws and the enforceable legal texts? Manuscript profile -
Open Access Article
12 - Legal-Jurisprudential Analysis of Conditional Sale Option in Relation to Transactions with Right of Restitution
Saeed KaramiAbstract: There is divergence of opinions on contracting or pledging in optional sale. Imamiyah jurists endorse the act and consider it as an instance of sale in nature. Sunni jurists identify optional sale as bay’ al-Wafa or buyback sale, associating it with a pledge ( MoreAbstract: There is divergence of opinions on contracting or pledging in optional sale. Imamiyah jurists endorse the act and consider it as an instance of sale in nature. Sunni jurists identify optional sale as bay’ al-Wafa or buyback sale, associating it with a pledge (rahn) contract. The conditional sale can be analyzed in two ways: First, the conditional sale involving the contractual relationship between mortgagor (seller) and mortgagee (buyer) stipulated in Article 34 of the Law on Registration of Deeds; Second, the conditional sale that does not govern the contractural relationship between the seller and buyer, and it is a real sale under articles 485-462 of the Law. The conditional sale governing the contractural relationship between the mortgagor and mortgagee is an instance of transaction with the right of restitution (Article 33 of the Law). This is why the law has considered the request for registration of the property in conditional sale as a right for the debtor, because in this type of conditional sale the buyer does not intend to conclude a contract of sale. Any negligence of this criterion will raise ambiguities: First, any conditional sale will be taken as the one with the right of restitution, whereas it is otherwise. Second, the real conditional sale has been well stipulated in Article 399 of the Civil Code; therefore, all sales stipulated in Article 399 of the Civil Code must be considered as the transactions with the right of restitution. It is clear that the existence of the element of option in a sale contract does not mean it is an instance of transaction with the right of restitution. Articles 33 and 34 of the Law on Registration of Deeds are not exclusive to provisions of Article 459, because this article is not about the conditional sale governing the contractual relationship between the mortgagor and mortgagee, whereas articles 33 and 34 of the Law govern such relationship. Manuscript profile -
Open Access Article
13 - The Effect of the marriage of Iranian women with foreigners from a jurisprudential and ethical perspective
A Survey on the Effect of the Iranian Woman Marriage to Foreigners Ali Alebouheh* Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. Parviz Moradgholi Department of religious jurisprudence; Zahedan Branch, Islamic Azad Universit MoreA Survey on the Effect of the Iranian Woman Marriage to Foreigners Ali Alebouheh* Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. Parviz Moradgholi Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. The subject of Iranian woman’s marriage to foreigners is considered a serious issue as it has coincided with the arrival of Afghan and Iraqi neighbors to our country. This issue has caused serious problems to Iran. In addition to political and social problems caused by such marriage, it has also a significant effect on their family situation. In the current legal system of Iran, the differences between the citizenship of a husband because of his women are enacted barriers by the legislatures in Article 1060 of the Civil Code; however, the citizenship of a husband lacks any precedent in legal records. In this paper, the concept of marriage and citizenship, arrangements and legal terms relating to the restrictions of marriage of Iranian women to foreigners and its consequences has been investigated. It was suggested that appropriate education about marriage through social media should be given to women. This issue also should be considered serious in the regulations Manuscript profile -
Open Access Article
14 - Principles and reasons for monitoring people in the constitution Emphasizing the ethical approach
Ali KazemzadehIn the system of the Islamic Republic of Iran, the most important area of oversight is the oversight of the rulers, since the harmful effects of leaving it far outweigh the effects of the abandonment of people's control over the people. Obviously, if we consider the gov MoreIn the system of the Islamic Republic of Iran, the most important area of oversight is the oversight of the rulers, since the harmful effects of leaving it far outweigh the effects of the abandonment of people's control over the people. Obviously, if we consider the government responsible for public order, the government's oversight of the people is more important than the other one. Legally, the oversight of the state and the governments is the duty of all citizens, and everyone is obliged to do the duty of good and forbidding the wrong both to the brokers and to the laws and regulations if they violate the rights of the people. These teachings should be accompanied by a precise explanation of the theoretical and practical boundaries so that it can produce a very useful and fruitful function. In Islam and the Islamic Republic, responsible government officials, orbital ethics, trustworthiness of power, error and inerrancy, and acceptance of republicanism, are the reasons for the oversight of power. This oversight does not accept any restrictions on government and government officials; rulers, governors, and Muslims with all of their high status are not excluded from this monitoring; in spite of this, Islam has established its social method and laws based on morality. It has focused on educating people based on ethical standards. The enforcement of laws has also led to moral education. This executive guarantee, like the internal police, is constantly and completely hidden in secret, unobtrusive, and inaccessible to human beings and prevents misconduct and error. Among the principles of supervision of people in the government in the constitution of the Islamic Republic is based on the principle of the eighth commandment to the famous and non-denominator, which is one of the social laws of the Islamic religion, which is obligatory on the basis of society, and the basis for the prevention and acceptance of this jurisprudence Islamic holy religion is the creation of a sense of public responsibility and universal supervision, in order to ensure the implementation of religious standards and to avoid the prevalence of corruption in society and the reform of affairs. Manuscript profile -
Open Access Article
15 - Moral support in the performance guarantee of government approvals in Iran and the United
Mohammad Saeed Ansari Nader MardaniThe Islamic Consultative Assembly in its most important task, that is, legislation in accordance with Article 71 of the Constitution, has general jurisdiction and can legislate in general matters. Nonetheless, the parliament has a constraint on this role, which is set o MoreThe Islamic Consultative Assembly in its most important task, that is, legislation in accordance with Article 71 of the Constitution, has general jurisdiction and can legislate in general matters. Nonetheless, the parliament has a constraint on this role, which is set out in various constitutional principles. Article 72, for example, states: "The Islamic Consultative Assembly can not legislate to comply with the principles and rules of the official religion of the country or the constitution ..."All laws must be approved by the Guardian Council. Without a Guardian Council, the Islamic Consultative Assembly has no statutory authority, except in the case of approval of the credentials of the representatives, and the election of six lawyers of members of the Guardian Council. In cases where the Assembly of the Islamic Consultative Assembly considers the Council of Guardians to be in violation of the Shari'a or the Constitution, and the Assembly shall not provide the Guardian Council with due consideration to the expediency of the system. The Expediency Council adopts the necessary decisions. In US law, the three executive powers, the judiciary and the legislature are completely independent of each other. The president will not vote for confidence from Congress, but for his ministers, he needs two-thirds of the senators to vote. Manuscript profile -
Open Access Article
16 - Impact of globalization on the conflict of laws from the perspective of ethics
Abdolmahdi Heidari Nejad Ali AlmasiIn this paper, the impact of globalization on the conflict of laws from the perspective of ethics has been examined. Globalization as an existing fact has replaced many works in different sciences and trends. In the field of law science, globalization has also affected MoreIn this paper, the impact of globalization on the conflict of laws from the perspective of ethics has been examined. Globalization as an existing fact has replaced many works in different sciences and trends. In the field of law science, globalization has also affected the conflict of laws in three categories. First, in terms of material (material), globalization has implicated itself in the uniformization of laws, which is being implemented by international organizations, model laws, and international conventions. In the second category, the rules of conflict resolution, where there is no possibility of uniformity of the rules of law for some reason, globalization has shown its impact by trying to unify the rules of conflict resolution. In this regard, and given the mutual effects of globalization And ethics on one another, considering ethical standards as one of the commons of human societies, can greatly leave its traces. Ultimately, barriers to the implementation of foreign law, such as public order, good morals and fraud to the law, are also limited by globalization and the possibility of extending the implementation of foreign law. Manuscript profile -
Open Access Article
17 - The Ethical Challenges of Implementing Arbitration in Iranian Legal System
Ali Rasoolzadeh Farsad Hamidreza OloumiThe arbitration institution has been considered by the people since the old days as a solution to the disputes based on the agreement of the parties of the dispute.This contractual system of arbitrary has privileges that make it superior to other methods of resolving di MoreThe arbitration institution has been considered by the people since the old days as a solution to the disputes based on the agreement of the parties of the dispute.This contractual system of arbitrary has privileges that make it superior to other methods of resolving disputes. The most important principle in arbitration is the finality of Arbitral awards and its most important point is the enforce-ability of the arbitral awards, that supported by national and international rules of arbitration. Since the philosophical basis of arbitration are based on an agreement between the parties, this means accepting the referral of disputes to arbitration involves the parties' obligation in Optional execution.Nonetheless, if the losing party refuses to execute the arbitral awards, it is foreseen that it may be enforced in the relevant laws and regulations. In this article, with reference to the legal prin-ciples of the principle of the entry into enforce of the arbitral Awards, as well as the legal docu-ments, discuss enforce of internal arbitral awards, then outline the implementation of foreign arbitral awards within the jurisdiction of the New York Convention and outside its jurisdiction, and finally, how to implement foreign arbitral awards in accordance with specific circumstances. Manuscript profile -
Open Access Article
18 - Protecting the constitution in the case of bureaucratic justice based on personal dignity and prohibition of dignity
Mohammad Javad Rezaeizadeh Vahid MalekiThe constitution is the supreme norm of the legal system, and the coherence of this system requires compliance with the rules below the supreme rules. Defending the constitution is certainly one of the great achievements of public law in the last century. The value and MoreThe constitution is the supreme norm of the legal system, and the coherence of this system requires compliance with the rules below the supreme rules. Defending the constitution is certainly one of the great achievements of public law in the last century. The value and validity of a constitution is maintained when all elements of the legal system are in harmony with it and the constitution is the dominant element in that system. The Administrative Justice Tribunal, which, under Article 173 of the Constitution, is the authority to deal with administrative disputes and to monitor the compliance of administrative regulations with Islamic law and the law; It opposes ordinary law and primarily the constitution and, by issuing judicial opinions as constitutional norms, has provided a valuable resource, namely judicial practice in the field. In the present article, while examining the aspects of judicial oversight over the administrative functions of the Court in the substantive jurisdiction of state law, the role of this judicial authority will be examined with a view to respect for persons and prohibition of dignity in the Constitution. Manuscript profile -
Open Access Article
19 - Investigation of Environmental Ethics and Legal in Oil Contracts
مسعود طاهری Masoud alborzivarki Abdollah KiaiThe deterioration and detrimental consequences of unnecessary exploitation of nature and the environment and the emergence of various pollutants, endanger human life and other creatures on Earth, and the development of comprehensive planning that damages and pollutes th MoreThe deterioration and detrimental consequences of unnecessary exploitation of nature and the environment and the emergence of various pollutants, endanger human life and other creatures on Earth, and the development of comprehensive planning that damages and pollutes the environment Life has led environmentalists to the theoretical foundations of human interaction with nature, including ethics. The consideration and observance of the principles of environmental ethics that are in line with the ideals of divine ethics and at the same time include economic development and prosperity are more serious than ever in explaining the theory of appropriate environmental ethics, It is one of the necessities of protection and exploitation of the environment. The environment is anything around us that affects us and we can influence them. From Islam's point of view, the most important are: justice in the environment, environmental development, environmental protection and prevention of environmental degradation and pollution, destructive effects of development plans, optimal consumption , Environmental health, the creation of a recycling system, and so on. Given the status of the oil industry in today's world, it should not be left out of control and ignored by human and environmental damage, but should seek solutions. To reduce these damages. Today, refineries emit millions of pollutants into the air, posing a serious threat to human health and the environment. In this article, while considering the ethical and legal principles of the environment, the environmental considerations in oil contracts and the position of Iranian laws and regulations are examined. Manuscript profile -
Open Access Article
20 - Reviewing of the standards for determining state orders from non-state orders
The guardianship of the jurist as a theory religion practice, and developed of God worship from individual in to social and state one has opened a new horizon in different political and Islamic sciences. In recent years it has been felt more necessary to pay attention MoreThe guardianship of the jurist as a theory religion practice, and developed of God worship from individual in to social and state one has opened a new horizon in different political and Islamic sciences. In recent years it has been felt more necessary to pay attention to political jurisprudence and issues relevant to the guardianship of the jurist in order to answer the opinions of rivals and clarifying the issue. Shia jurisprudence through its challenging history, has been able to solve jurisprudence problems due to precious of ijtihad driver from Ahl al-Bayt thoughts and is developing. Doubtlessly in recent era there has been plenty of outstanding religious scientist, but there has been a limited number among there who have a school Imam Khomeini is one of them. The author of this essay is, referring to the legal statement holiness. to this article wants to review and study the standards for determining state orders from non-state orders. And explain it by the use of analytical descriptive method of the Holy Quran, reference jurisprudence and principle jurisprudence, and etc books. Manuscript profile -
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21 - Examining the Role of Religious Beliefs in Protecting the Rights of Women Focused on Family Protection Law
Nafiseh Nekouie Mehr Atefeh Hosseini FarAlthough Islam strongly opposes discrimination against women, but does not advocate for their absolute equality. The nature has created men and women as complementary beings in life and in society. Therefore, contrary to Western civilization, Islam has given women and m MoreAlthough Islam strongly opposes discrimination against women, but does not advocate for their absolute equality. The nature has created men and women as complementary beings in life and in society. Therefore, contrary to Western civilization, Islam has given women and men natural rights not the same rights. However, Islam does not oppose the equality between women and men but it opposes the similarity of their rights. The constitution of the Islamic Republic of Iran has set a high status for women, and in this connection the government is obliged to observe women's rights in all respects according to Islamic standards and guarantee the full rights of all persons, including men and women, and equality of the law of the Supreme Court has been emphasized. In accordance with the Islamic rules governing the country, the current paper examines the new law on the protection of the family adopted in 2013, for the protection of women's rights, as well as three important issues that directly address the challenges of women's rights. The main question of the current paper is whether this law has taken a more effective step towards the stability of the family, rather than the previous law, and has been responding to the question and has also examined the compliance of this law with the Iranian religious beliefs. Manuscript profile -
Open Access Article
22 - The Principles of the Epistemology of the Rule of Law in the Legal System of Iran
سید محمد علی آل محمد Godrat,o Allah Noruzy manoochehr Tavassol Naini,The concept of the rule of law can be defined with its least constituent component which is the adherence of all groups of society especially the rulers to the law. In the discussion of the principles of the rule of law, the fundamental question is: "What is the obligat MoreThe concept of the rule of law can be defined with its least constituent component which is the adherence of all groups of society especially the rulers to the law. In the discussion of the principles of the rule of law, the fundamental question is: "What is the obligatory requirement for a person to legitimize law and adhere to it?" In answering this question, from an epistemological point of view, it is important to consider the role of revelation, experience, and wisdom in man's obligation to obey the law. The most important question that has been considered in this research is the study of the principles of the epistemology of the rule of law in the legal system of Iran. According to the findings of this research, the wisdom and experience of mankind in the current legal system of Iran are only valid in the case of the confirmation of the religion. The majority of people in Iran believe that divine law provides their prosperity and perfection, and this is the most important reason for their adherence to divine law or law approved by religion. Manuscript profile -
Open Access Article
23 - Feasibility of apostate punishment in Iranian criminal law With an emphasis on narrative and doctrinal teachings
ahmad ramezaniBy approving Article 220 of the Islamic Penal Code, the legislator explicitly stated that in his view, there are other hududs than the hududs mentioned in the law, which must be referred to Article 167 of the Constitution in order to determine their punishment, and trie MoreBy approving Article 220 of the Islamic Penal Code, the legislator explicitly stated that in his view, there are other hududs than the hududs mentioned in the law, which must be referred to Article 167 of the Constitution in order to determine their punishment, and tried to convert the principle of the legality of crimes and punishments into the religious principle of crimes and punishments. According to Article 225 of the proposed bill, it can be understood that the purpose of the hududs not mentioned in the law is apostasy. There is some disagreement in hudud or discretionary punishment, and there is evidence on its discretionary punishment that, by reinforcing discretionary punishment theory of apostasy, it cannot be resorted to Article 220 of the Islamic Penal Code upon to punish it. according to Article 18 of the Islamic Penal Code and the three-fold emphasis on the word law in this article, it should be said that in discretionary punishment, the principle is on the legality of offenses and punishments, since apostasy has not been criminalized in Iranian criminal law, there is a serious problem with the possibility of punishing the apostate according to the strengthening of the discretionary punishment theory Manuscript profile -
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24 - A Review of the Rules and Regulations of Science and Technology and Relationship to Innovation
Mohammad reza Ata pour Seyed Habibollah TabatabaeiyanIn the concept of innovation systems, the interrelationship between actors is important. One of the most important tools that will shape this interrelationship between different actors in the system is regulations and laws related to science, technology and innovation ( MoreIn the concept of innovation systems, the interrelationship between actors is important. One of the most important tools that will shape this interrelationship between different actors in the system is regulations and laws related to science, technology and innovation (STI). In the literature, especially according to some economists such as Schumpeter, it is proven that laws and regulations could have the positive and negative impact on the development of technology and innovation. The literature review has shown that there are three views to achieve a comprehensive legislation in the field of STI. The classification categories are OECD’s rules, technological and non-technological laws and the prevention of failures rules. In addition, in this research, science and technology rules and laws as "lows on science and technology" in other countries are also examined. As a result, the proposed framework is introduced to show the different dimensions considered to achieve comprehensive science, technology and innovation law. Finally, according to this research, there are some proposed factors such as institutional modifications and innovations, determination of important science and technology branches, comprehensive view about these regulating and concept of STI, and attention to dynamics of laws and rules, that decision makers should consider to achieving comprehensive regulations. Manuscript profile -
Open Access Article
25 - Critical Analysis and Survey Politics and Presented Solutions to Protection from Working and Street Children
Hosein Khobbakht Bentolhoda NiknamiProblem of working children and street children is one of the most issues related to children in developing and developed societies, there are between 100 up 150 million street children in the world. Cannot presented estimated right from number of this children, because MoreProblem of working children and street children is one of the most issues related to children in developing and developed societies, there are between 100 up 150 million street children in the world. Cannot presented estimated right from number of this children, because there is no definition accurate from this issue and states don’t express breadth of this the phenomenon in yourself country clearly, different and damaging politics by authorities and social factors and family .unfortunately it has provoked to this problem such as unmatched the rules in country and no conformity of existence ruled and a lack of sanctions in encounter of offenders and lack of awareness families from laws of children that indicates this is necessity to confront to the phenomenon more than ever the present article is trying to express solutions direction improvement of children situations after cash politics and survey problems of this children. Manuscript profile -
Open Access Article
26 - Prohibition of Child Pornography in the Context of International and Domestic Documents
Mohammad Hossein Jafari Elaheh ParsaOne of the major abuses against the child's legal rights in the community is pornography that violates human dignity, as mentioned in international documents and today it has become a growing global threat. The direct production or direct participation of children in se MoreOne of the major abuses against the child's legal rights in the community is pornography that violates human dignity, as mentioned in international documents and today it has become a growing global threat. The direct production or direct participation of children in sexual images is pornography, which is conducted through a variety of media including magazines, cartoons, paintings and animations. Given the irreparable consequences of this damage to children, countries and governments must take appropriate legal action so that this can be done to some degree from the destructive effects of this vulnerable group. Child pornography has been banned and sanctioned in most countries of the world and in international documents and treaties that have been concluded between countries. In domestic law, although it has not explicitly referred to pornography, but it has been declared illegal by numerous instances in several laws, and it has been punished for the offender, but it should be noted that the drafting of the law in this The field is not the only solution to eliminate this crime and to eliminate its effects, but the government must inform the people and families and children. Manuscript profile -
Open Access Article
27 - Explaining Consent and Assent in the Treatment of Children from the Perspective of Jurisprudence, Law and Medical Ethics
Kourosh Delpasand Zahra Firouzabadi Ahmad Mashkoori Afsaneh Ghanbari Mohammad NourianBackground and aim: Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness a MoreBackground and aim: Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness and disability. But the important point is to examine the age of the child from the perspective of jurisprudence, law and ethics. Therefore, the present article examines how the framework of Iranian law on obtaining consent from children in a variety of non-surgical and surgical interventions and determining the legal criteria for consent of the child and his or her legal guardians. Method: This research is based on descriptive-analytical method and based on valid library documents and resources. Results: When the parent of the child cares for his or her interests, he or she is the best decision-maker in the therapeutic process. When parents are concerned about the child's best interests, they are the best decision maker in the therapeutic process. However, in cases where the forced parent has a high risk behavior for the child and does not allow the child to take the necessary medical treatment, health professionals must apply for a permit through the Prosecutor's Office to obtain treatment. Conclusion: Consent and agreement in children is a continuous process and in therapeutic situations depends on the child's ability and understanding of the situation. In many therapies, involving children in decision-making helps them to participate in the treatment process. It is recommended to set consent rules for the treatment of children in a variety of non-invasive and non-surgical interventions and invasive and surgical interventions. Manuscript profile -
Open Access Article
28 - Manifestations of differential penal policy towards child victims with a look at the Child and Adolescent Protection Law adopted in 2020
bahram jafaryChild victimization poses a dire threat to the most sensitive and important assets of society. Accordingly, in international documents and domestic laws, differential policies have been adopted to prevent victimization while limiting and eliminating its effects and prec MoreChild victimization poses a dire threat to the most sensitive and important assets of society. Accordingly, in international documents and domestic laws, differential policies have been adopted to prevent victimization while limiting and eliminating its effects and preclude secondary child victimization. Using the library and descriptive method, the present study, with emphasis on the Child and Adolescent Protection Law, attempts to discuss the aspects of the differential policy approach aimed to protect child victims in the iranian legal system. The results indicate that there were scattered, yet inadequate, regulations protecting children in various substantive and formal aspects in the past; However, while developing the scope of differential protecting regulations, the enactment of the Child and Adolescent Protection Law in 2020 has provided considerable preventive and monitoring- oriented views, especially through making legal intervention in favor of children and adolescents that are at risk or victimization. It can be said that this law clearly factors in differential policies including determining several crimes and specific punishments aimed at protecting children and adolescents and considering special institutional, disciplinary and judicial organizations with the aim of managing, preventing and dealing with child victimization and limiting its effects. Manuscript profile -
Open Access Article
29 - legislative Criminal Policy in the Iranian Legal System on Child Rights Violations in the Field of Computer Games
Mohammad khorshidi atharBackground and Aim: Criminal protection of children against computer games following the fundamental transformation in the light of technological advances and the spread of computer games along with increasing the power of its impact on human thought and behavior is ine MoreBackground and Aim: Criminal protection of children against computer games following the fundamental transformation in the light of technological advances and the spread of computer games along with increasing the power of its impact on human thought and behavior is inevitable. On the one hand, entertaining children due to their strong interest in computer games, and on the other hand, the wide range of such games with large investments to develop computer games in the age group of children In addition to the unhealthy and harmful effects on this vulnerable group has raised many concerns for thinkers. In this study, the criminal policies of the Iranian legal system regarding the violation of children's rights in the context of computer games compared with international documents and from a critical point of view has been evaluated and by perusing the strengths and weaknesses of related laws, the need for comprehensive rules to protect the rights of the child against harming of computer games has been emphasized by formulating an effective differential criminal policy. Method: The method of discussion in this research is descriptive-analytical and the method of data gathering is library. Results: In Iran's legal system, a review of the laws related to the current criminal policy regarding the violation of children's rights in the field of creating, publishing and distributing computer games reveals gaps and defects. Conclusion: By examining the situation of children and their rights against computer games and studying the negative and inappropriate effects of this universal and effective technology on children it is possible to achieve a comprehensive support program containing differential criminal policies against child victimization through the use of computer games. A differential approach to substantive criminal law in the field of child safety in relation to computer games is the role that the legislature can play in protecting children and to prevent the abuse of the rights of this vulnerable group. Manuscript profile -
Open Access Article
30 - تعیین شاخص ترکیبی سنجش محرومیت در شهرستانهای منطقه سه آمایش سرزمین بر اساس شاخصهای قانون استفاده متوازن کشور
Mohammad -
Open Access Article
31 - A New Approach to the Conceptual Explanation of Governance and the Characteristics of I.R.I
In the recent decades extensive studies have been conducted about compiling a desired model of governance in the deferent countries. These type of studies have been conducted to identify and measure the quantity, quality and know-how the public policy and administration MoreIn the recent decades extensive studies have been conducted about compiling a desired model of governance in the deferent countries. These type of studies have been conducted to identify and measure the quantity, quality and know-how the public policy and administration of affaires. Deferent approaches have been applied regarding governance. Unfortunately there is not a suitable model in the Islamic republic of Iran for administration of affaires although there are a three decades of knowledge experiences accumulation about compiling governmental documents and macro public policy making. This research aimed at identifying and illustrating conceptual explanation of governance and the characteristics of I.R.I. In this research it has been tried to make a comparison and integration between deferent theories to deliver a conceptual model of governance. Then efforts have been made to indigenization of the model regarding to the conditions and requirements of I.R.I. Based on the governmental documents including constitution, 1404 vision of the country and the general policies of first to sixth development plans; the dimensions, categories, indices and characteristics of the government model have been explained. Research Findings show that governmental documents not only have concentrated on the main points and indices of good governance but also have paid a big attention to the governance theory. The comprehensiveness of findings, based on the study of governmental documents by the conceptual model of governance, show the obvious failure of the total analogy of governance by the good governance approach. Finally it is recommended to the country’s researchers to use experiences offered by this research and try to improve the governance theory of I.R.I. Manuscript profile -
Open Access Article
32 - Explaining the legal framework of the constitution and the law of civil services management decisions N.J.I.I
Ebrahim AziziOne of the topics of the day in each period of the formation and implementation of decisions, or in other words the legal decisions are enforced. What is important at this time is the rest of the structure and the legal system decisions. As a director in the government MoreOne of the topics of the day in each period of the formation and implementation of decisions, or in other words the legal decisions are enforced. What is important at this time is the rest of the structure and the legal system decisions. As a director in the government know what decision-making authority and support his decisions or materials which legal principles. Legal principles in documents for the implementation of decisions is better because these decisions will find strong support law enforcement aspects better. One of the challenges facing government managers, particularly managers not familiar with the law and legal mechanisms. Therefore, this article examines the legal principles and legal structure of decision analysis methods are discussed. Constitution and management of the civil service laws that assessed and eventually decide on the model law has been proposed. Manuscript profile -
Open Access Article
33 - A Secure Algorithm to Overcome Fingerprint Classification Problems
F. Mirzaei H. Ebrahimpour-Komleh M. BiglariFingerprint as a biometric has the most applications in verification and identification systems, because of its specific properties. In identification systems, input image is compared with all of images stored in the database. In huge databases, the comparison will take MoreFingerprint as a biometric has the most applications in verification and identification systems, because of its specific properties. In identification systems, input image is compared with all of images stored in the database. In huge databases, the comparison will take large amounts of time; Consider FBI databases, for instance. Image classification is one of the approved methods to increase the identification speed. Only one class is assigned to each fingerprint in tradition absolute classification. Various reasons like noise or lack of all the singularity points in captured region, cause the problem in determination of an absolute class for all the images. In this article, a new method based on probabilistic classification is presented. In the proposed approach, a set of classes are considered for each input image with a specific probability. These classes are searched in order of their probabilities priority in matching stage. Experiments on well-known FVC2002 database, exhibit the effect of probable classification clearly. Using only the second and third classes assigned by the proposed method, the identification system achieves about 18% increase in accuracy and 2-3 times speedup in compared to the traditional methods. Manuscript profile -
Open Access Article
34 - State Estimation of Nonlinear Systems Using Gaussian-Sum Cubature Kalman Filter Based-on Spherical Simplex-Radial Rule
Mohammad Amin Ahmadpour Kahkak بهروز صفری نژادیانIn this paper, a new algorithm of Gaussian sum filters for state estimation of nonlinear systems is presented. The proposed method consists of several parallel Cubature Kalman filters each of which is implemented according to the simplex spherical-radial rule. In this m MoreIn this paper, a new algorithm of Gaussian sum filters for state estimation of nonlinear systems is presented. The proposed method consists of several parallel Cubature Kalman filters each of which is implemented according to the simplex spherical-radial rule. In this method, the probability density function is the sum of the weights of several Gaussian functions. The mean value, covariance, and weight coefficients of these Gaussian functions are calculated recursively over time, and each of the Cubature Kalman filters are responsible for updating one of these functions. Finally, the performance of the proposed filter is investigated using two nonlinear state estimation problems and the results are compared with conventional nonlinear filters. The simulation results show the appropriate accuracy of the proposed algorithm in state estimation of nonlinear systems. Manuscript profile -
Open Access Article
35 - The Right to Education of Children with Need of Mental Rehabilitation in International Human Rights Documents and Iranian Law
hoda paran mohammad ali pourmottaqiThe right to education, as a human right, is one of the most important rights defined in international and domestic instruments for all human beings and is mentioned in international documents such as the Universal Declaration of Human Rights and Iran's domestic law, su MoreThe right to education, as a human right, is one of the most important rights defined in international and domestic instruments for all human beings and is mentioned in international documents such as the Universal Declaration of Human Rights and Iran's domestic law, such as the Constitution. One of the most sensitive groups entitled to education are intellectually disabled children, who may face obstacles in achieving their rights for various reasons. It is certain that disability should not prevent children from having this important human right, but unfortunately, in practice, we are witnessing challenges and problems in the international and domestic spheres that prevent the timely and appropriate education of intellectually disabled children. One of the most important problems in this regard is the absence of required laws and, consequently, the executive deficiencies in the internal system to fully support and ensure the right to education for children with mental disabilities. Therefore, it is necessary for the legislator to pay special attention to this issue, considering the special situation of children with need of mental rehabilitation. Manuscript profile -
Open Access Article
36 - Investigating the possibility of delegating legislation to human beings in the Islamic government; Looking at the constitutional events
Sayed ebrahim hosseni Mohammad javad shafaghiAccording to the Islamic view, the principle is based on the absence of individual guardianship over another, and the right of sovereignty belongs only to God, the Owner of the universe and the world above. And which principles legitimize it. This article uses a descrip MoreAccording to the Islamic view, the principle is based on the absence of individual guardianship over another, and the right of sovereignty belongs only to God, the Owner of the universe and the world above. And which principles legitimize it. This article uses a descriptive-analytical method and relies on library documents to explore the possibility of human legislation as an authority delegated by God. The elected hypothesis, in contrast to the rival hypothesis, which does not recognize such a right in principle and holds members of parliament solely responsible for planning matters, agreed with the view that, given the constitutional process and other theories, legislative authority It has been delegated to individuals in some areas, provided, of course, that they comply with or at least do not contradict Islamic norms. Manuscript profile -
Open Access Article
37 - Domestic Legal Order in Response to Violence against Children
Arian PetoftBackground and Aim: Childhood is the most sensitive period of human life in which various physical and mental dimensions of individuals are formed and developed. Hence, it is crucially important to maintain children's physical-mental health. In the present article, an a MoreBackground and Aim: Childhood is the most sensitive period of human life in which various physical and mental dimensions of individuals are formed and developed. Hence, it is crucially important to maintain children's physical-mental health. In the present article, an attempt is made to depict the general outline of the domestic legal normative order in response to violence against children. Method: This study has been done in a descriptive-analytical way by using the library resources and especially laws. Results: Children should never be exposed to violent domestic or social situations and experience child abuse. Since children today will be responsible for society in the future, and the progress and development of the country depend on their proper upbringing and development; therefore, the issue of violence against children, which causes great harm to it, is of special concern to Iran's laws. Conclusion: In the current legal system, the response to violence against children knows no boundaries; today, there are various examples, such as violent physical and psychological punishment, parental neglect, exploitation, unhealthy cyberspace, drop out, pornography and pressures of poverty. Manuscript profile -
Open Access Article
38 - Pathology of Social and Cultural Affairs in Tehran Urban Management with Emphasis on Municipal law
Esmaeel Jahani DolatabadIn recent years, the social and cultural field of urbanmanagement in Municipality Tehran has always faced the challenge of critics the adaptation of activities, description of the duties due to deviation from its basics. Accordingly, in the present study, the pathology MoreIn recent years, the social and cultural field of urbanmanagement in Municipality Tehran has always faced the challenge of critics the adaptation of activities, description of the duties due to deviation from its basics. Accordingly, in the present study, the pathology of social activities of Tehran Municipality has been studied. In this study, in accordance with the theoretical framework of the subject, three main categories include conceptual adaptation; legal compliance and organizational compliance were considered for pathological measures. The research method was such that the list of social and cultural activities of the municipal organization in the form of a Delphi questionnaire was given to 10 experts and they were asked to evaluate each activity in three separate scales. According to the results, the most important challenge in the field of social and cultural activities of Tehran Municipality in the first place is the entry of this organization into some fields and activities that are outside its inherent and legal duties. In the second place, there is parallel work and overlap of some of these activities with other organizations, and finally, in the third level, the dominance of the theatrical approach is in some activities of Tehran Municipality. Accordingly, the application of the present study relies on a comprehensive review of activities in terms of the combination of three indicators. This revision shouldperform on the base of final score calculated for each activity and as a result, the activities of each area were classified into three categories: "continuity", "adjustment" and "change". Manuscript profile -
Open Access Article
39 - Legal Protections of Children Under 8 on Instagram
Fatemeh abdiBackground and Aim: Children are one of the most vulnerable sections of the society and are exposed to all kinds of abuses due to the violation of their rights. Also, children's privacy in cyberspace is a very important issue. In this research, at first, the relationshi MoreBackground and Aim: Children are one of the most vulnerable sections of the society and are exposed to all kinds of abuses due to the violation of their rights. Also, children's privacy in cyberspace is a very important issue. In this research, at first, the relationship between the publication of children's pictures on Instagram by parents and their privacy, and then the damage of publishing children's pictures on their personality, was discussed, and then the scope of legal protection of children's privacy on Instagram was examined. The purpose of this research is to address the necessity of legal protection of children's privacy in cyberspace in order to maintain their mental health in the future. Method: This research has been done using documents and library resources and descriptive-analytical method. Results: Cyberspace is a mixture of opportunities and threats. Today, a number of parents by violating some of their children's rights such as image rights, increase the number of followers on their Instagram page and thereby attract advertisements and generate income. Also, the findings indicate that there are significant legal gaps in the field of protecting children's privacy in cyberspace, which will cause serious damage to the various aspects of the children's personality in the future. Conclusion: Supporting children is necessary and unavoidable due to their unequal position when playing a role in cyber space. The advancement of technology and stepping into the digital age requires the establishment of protective laws and specific legal mechanisms. Manuscript profile -
Open Access Article
40 - Protecting human dignity and respecting the rights of non-Muslims in Imami jurisprudence and subject law
Toraj Hematti Farsani Alireza Salimi ALIREZA HOSSINI Mohammad Hossein Nazemi AshaniThe religion of Islam has not only dealt with matters concerning Muslims, but also, in an overview, has drawn up rules for non-Muslims and respect for their rights; In the Islamic approach, non-Muslims are either considered as dhimmis, covenants, and trustees who, altho MoreThe religion of Islam has not only dealt with matters concerning Muslims, but also, in an overview, has drawn up rules for non-Muslims and respect for their rights; In the Islamic approach, non-Muslims are either considered as dhimmis, covenants, and trustees who, although present as a minority in the Muslim community, are supported, or who are among the non-Muslims who are in conflict with Muslims. There are those who are known as military infidels and therefore are not respected by Islam. A look at the sources of Imami jurisprudence shows that the breadth, property and honor of non-Muslims who are under the protection of the Islamic community are considered inviolable; Thus, Muslims have no right to attack them; Because in this case they will be reprimanded. The Constitution of the Islamic Republic of Iran, by recognizing the religious, Christian and Zoroastrian individuals as religious minorities, has also recognized their rights. In the Islamic Penal Code in 1392, the legislature, by establishing jurisprudential standards in some areas, including adultery with a Muslim, sodomy, tafkhiz, considered the death sentence as an aggravation of punishment for non-Muslims and in drinking alcohol, as a factor A discount was given to non-Muslims only if they pretended to have a limit. Regarding diyat, the equality of diyat of non-Muslim and non-Muslim minorities was maintained, taking into account the opinion of the leadership. Apart from usury, no distinction was made between Muslims and non-Muslims regarding punishments. However, in the field of retribution, a new approach to expanding the scope of the safe has been pursued, which indicates a step towards greater support for non-military infidels, even those who are not among the minorities recognized in the constitution. Manuscript profile -
Open Access Article
41 - Critical Study of Gradual criminal liability of juveniles in discretionary offenses (review of the French legal system
mohammad saeeid shafieiIn the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded MoreIn the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded Non-criminal and criminal measures based on the criterion of age in discretionary offenses of juveniles and has focused on judicial measures on socialization of these people because of refusing to apply repressive criminal responses. Despite of removing gender separation and possibility of apply appropriate responses; there are some ambiguities in acceptance of gradual system in discretionary offenses. not providing to extension of protective and supervisory measures to people under 9 years according to the first section of the article 88 the Islamic Penal Code about criminal liability and restrictions on the use of restorative responses in juvenile procedure, authority of the judge in determining freedom with care method, not being comprehensive measures referred to in article 89 in terms of the impossibility of extension measures under article 88 to not severe offenses of age group 15 to 18 years cause are restrictions that cause not providing to achieve absolutely to differential approach in the field of legislative criminal policy related to juvenile delinquents. This article emphasizes using a descriptive- analytic method and studying of France legal system and former substantive criminal law necessity of taking non-criminal measures on persons under the minimum age of criminal liability, expansion of restorative response, The necessity of using of freedom with care method while giving children to family like September 9, 2002 Act of France and provides efficient legislative criminal policy with critical review each of these ambiguities Manuscript profile -
Open Access Article
42 - Right to health in the constitution of the Islamic Republic of Iran
SaSaman Allallahveysi ali gorji aznadreyaniThe right to health is part of the fundamental rights of citizens in any political community. Every citizen as a member of the community, regardless of racial, religious, political or cultural considerations, has the right and deserve the right to enjoy this right by vi MoreThe right to health is part of the fundamental rights of citizens in any political community. Every citizen as a member of the community, regardless of racial, religious, political or cultural considerations, has the right and deserve the right to enjoy this right by virtue of the existence of a citizenship relationship. The right to health includes all medical services, adequate food, affordable housing, clean environment and .... Various and influential factors on health make it difficult to define the right, and countries are required to make fundamental decisions to ensure these facilities, which Iran has recognized in the constitution by ratifying health laws and regulations. Manuscript profile -
Open Access Article
43 - The principle of freedom of contract in dealing with its limitations
elham ahmadi bani -
Open Access Article
44 - Exploration of Philosophical Foundations of Preservation of Law and its Educational Implications in viewpoints of Plato and Kant
The paper attempts to answer two questions based on the thoughts of Plato and Kant concerning the issue of law preservation. The first question refers to the foundation of law obedience and the second one concerns the educational implication of it. The method of deducti MoreThe paper attempts to answer two questions based on the thoughts of Plato and Kant concerning the issue of law preservation. The first question refers to the foundation of law obedience and the second one concerns the educational implication of it. The method of deduction is used in this study and in order to find the similarities and differences of the two philosophers' views the method of comparative analysis is used. Both philosophers define law preservation as the absolute obedience of law. The two aims of law preservation include: a) obedience of law in practice and b) scholarly discussion for the reformation of law. The two philosophers agree on three principles: awareness of law contents, awareness of necessity of law obedience, and the critical view to the laws and their contents. In addition, Plato holds two other principles: respecting the law and the absolute priority of law obedience and Kant holds the principle of reflection and discussion. Educational methods based on these principles are: explanation of legislation necessity in curriculum, presentation of practical models on obedience of educational rules, performing open sessions for discussion and reforming school and class rules and regulations based on the above-mentioned principles. Manuscript profile -
Open Access Article
45 - The Role of Social Responsibilities on Developing Brand Equity in Tourist Destinations: The case of Isfahan
فرزانه عبدالمحمدیThis research investigated the effects of social responsibilities on brand equity in tourism destinations. This is an applied study and follows surveying in goal and method. The statistical population of this study included foreign tourists who traveled to Isfahan and v MoreThis research investigated the effects of social responsibilities on brand equity in tourism destinations. This is an applied study and follows surveying in goal and method. The statistical population of this study included foreign tourists who traveled to Isfahan and visited Naqshe Jahan Square in summer 2017. Data-collection instrument was a researcher-developed questionnaire based on the literature and it included 40 closed questions. The validity and reliability of the questionnaire were examined and confirmed through content and construct validities, and Cronbach’s Alpha Coefficient. To analyze the data and to test the hypotheses, both SEM and path analysis were used in the SPSS and LISREL, respectively. The findings showed that social responsibilities in tourism destinations significantly affected brand through brand awareness; perceived value; perceived quality of tourism destination; the brand image of tourism destination; loyalty towards tourism destination. Manuscript profile -
Open Access Article
46 - Necessity of Social Life and Man’s Need to Religion in Mullā Ṣadrā and Ibn Miskawayh
Naser Mohamadi Gholamhossen Khedri Khalil MollajavadiThe present paper investigates the necessity of the development of social life in the view of Mullā Ṣadrā and Ibn Miskawayh in the domain of religion’s response to human needs following a comparative approach. Mullā Ṣadrā believes that the necessity of fulfilling human MoreThe present paper investigates the necessity of the development of social life in the view of Mullā Ṣadrā and Ibn Miskawayh in the domain of religion’s response to human needs following a comparative approach. Mullā Ṣadrā believes that the necessity of fulfilling human needs warrants the existence of law and Shar‘ as well as an individual as a prophet. Following a philosophical approach, he explains that the concept of human species is realized in their “collective identity” outside their mind and in their social schematism. Ibn Miskawayh’s standpoint, which is worth more deliberation and is perhaps unique, indicates that man’s main need for collective life is due to the necessity of responding to their intrinsic need for mutual “love and affection”, while he refers to satisfying material needs at a later level. In his view, love provides the basis for life and formation of human collective society. Mullā Ṣadrā’s view enjoys a rational and philosophical essence, whereas Ibn Miskawayh’s explanation is merely based on the presence of love and affection among human beings. However, both thinkers acknowledge that the revealed religious theorems can respond to all human worldly and other-worldly needs. Nevertheless, none of them directly and clearly emphasizes the necessity of the purification of the soul for the prophet and the divine perfect Man. Manuscript profile -
Open Access Article
47 - Social Impact Assessment (SIA): A Review of SIA Procedure in Malaysia The International Journal of Social Sciences and Humanities Invention 5(4), 4550-4557, 2018
Mohammad Mujaheed Hassan Ali Hatami (Persian translation)Social Impact Assessment (SIA) essentially is an individual report or a subfield of an Environmental Impact Assessment (EIA). It is demarcated as the social sciences required in developing a knowledge base to provide a systematic assessment, in advance of the impacts, MoreSocial Impact Assessment (SIA) essentially is an individual report or a subfield of an Environmental Impact Assessment (EIA). It is demarcated as the social sciences required in developing a knowledge base to provide a systematic assessment, in advance of the impacts, on the day-to-day quality of life of persons and communities whose environment is affected by a proposed project, plan or policy change. SIA is a platform for diverse groups and people in a community to voices out their need and concern. SIA are the ‘people impacts’ of development actions. Social impact assessments focus on the human dimension of environments, and seek to identify the impacts on people who benefits and who loses. New provision has been enforced in January 2017 to the Malaysia SIA procedure. Therefore the objective of this paper is to review the new provision and procedure of SIA enforcement in Malaysia. Manuscript profile -
Open Access Article
48 - Necessity and Possibility of Judicial Supervision over Security Council’s Performance in UN Legal System
حسین شریفی طرازکوهی ساسان مدرس سبزواریThe issue of judicial supervision over the Security Council has two different, but interrelated aspects. First of all, the “necessity” of such supervision should be discussed. The present article assumes that the Security Council should be committed to the principles of MoreThe issue of judicial supervision over the Security Council has two different, but interrelated aspects. First of all, the “necessity” of such supervision should be discussed. The present article assumes that the Security Council should be committed to the principles of international law, the goals of the United Nations, sovereign rights of member states, fundamental human rights guarantees, as well as the basic structure for the division of powers among various organs of the UN. Then it studies the Security Council’s procedure to show that this institution has been frequently found in violation of the aforesaid legal bounds. Security Council’s inattention to the limits of its powers can cast doubts on credibility of the entire UN system. It has been also shown that the “necessity” of judicial supervision can be proven on the basis of the requirements of the “rule of law.” Another aspect of this issue is the “possibility” of judicial supervision in view of the current state of international law. The present paper has shown that although the Charter of the United Nations has remained silent on this issue, it can be confirmed if final goals of this document are taken as basis for its interpretation. Manuscript profile -
Open Access Article
49 - A Comparative Study of Iran's Social Security Law in the Field of Women's Rights with the Documents of International Labour Organization
Fatemeh Sarreshteh IzadmouoaGovernments have always paid attention to international rules and documents and try to incorporate them as much as possible in their domestic laws and policies. Along these lines, this article tries to study working women's rights from the viewpoint of the Iran's Social MoreGovernments have always paid attention to international rules and documents and try to incorporate them as much as possible in their domestic laws and policies. Along these lines, this article tries to study working women's rights from the viewpoint of the Iran's Social Security Law in comparison with the International Labor Organization's documents. The key question of this article is that "to what extent Iranian laws, especially its social security law regarding women, are compatible with International Labor Organization's documents?" To answer this question, the authors indicate that "in article 20 of the I.R. Iran's Constitution, women enjoy all human rights, specifically the right to social security on equal terms with men in compliance with Islamic criteria. In public law as well as in social security law, gender has no place and its subject is every individual as a human being. The findings of this research show that social security law being influenced by the constitutional and civil laws in some social security services is consistent with International Labor Organization's documents and in some other, is incompatible with them. Manuscript profile -
Open Access Article
50 - Analysis of Opportunities and Challenges Facing “Development and Civil of Counties Cooperatives” in Iran
Behrouz Roustakhiz Soamye KazemiCooperatives are the old institutions reliant on social capital to solve social problems. Also, in modern times, they are considered helpers of governments in solving social issues. In Iranian law, initiatives such as the establishment of “Development and Civil of Count MoreCooperatives are the old institutions reliant on social capital to solve social problems. Also, in modern times, they are considered helpers of governments in solving social issues. In Iranian law, initiatives such as the establishment of “Development and Civil of Counties Cooperatives” have been proposed to utilize the capacity of these institutions. Nevertheless, in practice, these cooperatives have faced challenges that have led to their failure. Therefore, the present study, which is based on a qualitative approach, aims to achieve the proposed strategies to use these cooperatives’ existing capacities and opportunities to meet the challenges facing them. In this regard, in the present descriptive-analytical research, in addition to written and online sources and documents, the text of the conservations with 30 of this field’s experts, beneficiaries, and involved people has also been analyzed through “content analysis.” According to the results of this study, the mentioned cooperatives have the capacities and opportunities, such as “facilitative legal capacities and opportunities,” the possibility of “achieving public benefit within the framework of economic capacities and opportunities,” and the potential of “flourishing local and indigenous capacities of cities.” On the other hand, they face challenges such as “cumbersome legal procedures and their non-implementation,” “undesirable interaction and improper support of government structures for cooperatives,” “difficulty in financing activities,” and “Institutionalizing distrust of cooperatives.” Finally, based on the research findings, the following strategies have been proposed for the success of “Development and Civil of Counties Cooperatives”: “clarification of laws,” “using resilient management,” “networking,” and “social entrepreneurship based on the comprehending and use of local capacities,” “structural trust,” and “effective advertising and education” strategies. Manuscript profile -
Open Access Article
51 - The AbortionDue to the Mother's Hardship, in the "Family and Youth of the Population's Protection" Act
Sadegh Shariati NasabFor the first time, by the single article (Act) of the "Therapeutic Abortion Act" approved in 2005, abortion was conditionally prescribed due to "fetal disease which causes Hardship to the mother, due to fetal retardation or deformation". With the approval of the "Famil MoreFor the first time, by the single article (Act) of the "Therapeutic Abortion Act" approved in 2005, abortion was conditionally prescribed due to "fetal disease which causes Hardship to the mother, due to fetal retardation or deformation". With the approval of the "Family and Youth of the Population's Protection Act" in 2021 and the abrogation of that single article, Hardship-based abortion, has been released from merely fetal disease or defect, and generally has been expanded to "severe unbearable Hardship for the mother". This change is considered a big leap in Iran's legislation and needs to be analyzed and investigated. The purpose of this article is to analyze and explain the conditions, criteria, effects, and efficiency of Hardship-based abortion in the new law. Its method is Descriptive and Analytical. It seems that: 1. Limiting abortion to fetal disease or defects is not logically justified. 2. In some cases, the social and psychological (not physical) Hardship caused by pregnancy, is much more severe and impactful than the fetal diseases. 3. Every dissatisfaction and excuse cannot be considered as a case for a mother's Hardship; rather, the definition, criteria, and examples for Hardship, must be carefully explained. 4. The special procedure in the new Act, guarantees a thorough and comprehensive proceeding to each case. Manuscript profile -
Open Access Article
52 - Ethical Approaches in Determining Blood Money and Arsh based on Medical Priorities
Narges Dehghani Mohammad Rasoul Ahangaran Maryam Naghdi Dorobati Karim SalehiDetermining the blood money and Arsh in terms of the type and rate of crimes and their complications is one of the common duties of forensic medicine and the judicial system. Therefore, the forensic physicians’ opinions by observing the principles of medical science an MoreDetermining the blood money and Arsh in terms of the type and rate of crimes and their complications is one of the common duties of forensic medicine and the judicial system. Therefore, the forensic physicians’ opinions by observing the principles of medical science and adhering to the ethical approaches related to medicine and law fields can be an opening way to better implement of justice and realize the material, spiritual and moral rights of the victim . The present study, with a descriptive-analytical method and with the aim of investigating the contradictory cases of determining blood money based on medical science and observing ethical standards, first expressed the relationship between ethics and jurisprudence, law and forensic medicine and then analyzed the examples of these contradictory cases. As a result, it is necessary to revise the laws related to blood money by crossing the channel of the requirements of the time and taking into account the approaches of modern science and observing spiritual and moral principles in order to compensate material and spiritual damages caused by physical and mental injuries. Manuscript profile -
Open Access Article
53 - Examining Goods Smugglingas A Social Issue in the Country
Reza Safari shaliThis article explores one of the most important social issues that is "Smuggling of goods”.In terms of methodology, it has a survey nature and is a descriptive and analytical study. The sample population consists of all residents 16 years and over in seven provinces, in MoreThis article explores one of the most important social issues that is "Smuggling of goods”.In terms of methodology, it has a survey nature and is a descriptive and analytical study. The sample population consists of all residents 16 years and over in seven provinces, including Kurdistan West Azarbaijan, Hormozgan and Khorasan (as frontier provinces), Tehran and Isfahan (provinces with highest consumption rate) and Semnan province (province with lowest consumption rate). The sample size was 7230 people. The main findings of this study indicate that the majority of the population (69 percent) believe that there are considerable Smuggling goods in the country, has various disadvantages and devastating effects. This is while, a large part of society has stressed that a variety of foreign goods - including televisions, mobile phones, home appliances and rare drugs that are entered the country through illicit means, due to low price are easily sold on the market, and this is more observed in the provinces with highest consumption rate compared to provinces with lowest consumption rate and frontier provinces. The majority of respondents of the survey (over two-thirds) have stressed that the smuggling of goods is a phenomenon in which different groups and organizations are involved, and convergence, synergy and linkage between flows and organized bands and some figures and influential forces in machines officially facilitate the smuggling process. The respondents also acknowledged that the fight against smuggling requires firm determination of the authorities, and especially the presence and participation of people with the authorities so that by relying on social capital we can fight cleverly against this phenomenon that has various functions and negative consequences. Manuscript profile -
Open Access Article
54 - The Effectiveness of Behavioral Parent Training on Reducing Externalizing Problems in 7 to 9 Years Old Children
Saeed GhanbariThe effectiveness of behavioral parent training on externalized problems (aggressive behavior and rule breaking) in 7 to 9 years old children was investigated in this study. Sixty parents whose children(aged 7 ta 9) had received the highest scores on the Child Behaviora MoreThe effectiveness of behavioral parent training on externalized problems (aggressive behavior and rule breaking) in 7 to 9 years old children was investigated in this study. Sixty parents whose children(aged 7 ta 9) had received the highest scores on the Child Behavioral Checklist (CBCL) and their problems were also confirmed by the Teacher Report Form (TRF) were selected.from a pool of 360 parents in two randomly selected schools in Tehran. Subjects were divided into control and experimental groups .the Experimental group received BPT for 4 weeks, twice a week sessions lasting tow hours. Results were analyzed using covariance and indicated that parents in the experimental group reported a significant decrease in externalized problems and aggressive behaviors as compared to the control group. In regard to rule breaking behavior, no significant difference was observed between the groups. The emerged findings can have clinical applications in prevention and treatment of child behavioral disorders. Manuscript profile -
Open Access Article
55 - Analysis of Opportunities and Challenges Facing “Development and Civil of Counties Cooperatives” in Iran
Behrouz Roustakhiz Soamye KazemiCooperatives are the old institutions reliant on social capital to solve social problems. Also, in modern times, they are considered helpers of governments in solving social issues. In Iranian law, initiatives such as the establishment of “Development and Civil of Count MoreCooperatives are the old institutions reliant on social capital to solve social problems. Also, in modern times, they are considered helpers of governments in solving social issues. In Iranian law, initiatives such as the establishment of “Development and Civil of Counties Cooperatives” have been proposed to utilize the capacity of these institutions. Nevertheless, in practice, these cooperatives have faced challenges that have led to their failure. Therefore, the present study, which is based on a qualitative approach, aims to achieve the proposed strategies to use these cooperatives’ existing capacities and opportunities to meet the challenges facing them. In this regard, in the present descriptive-analytical research, in addition to written and online sources and documents, the text of the conservations with 30 of this field’s experts, beneficiaries, and involved people has also been analyzed through “content analysis.” According to the results of this study, the mentioned cooperatives have the capacities and opportunities, such as “facilitative legal capacities and opportunities,” the possibility of “achieving public benefit within the framework of economic capacities and opportunities,” and the potential of “flourishing local and indigenous capacities of cities.” On the other hand, they face challenges such as “cumbersome legal procedures and their non-implementation,” “undesirable interaction and improper support of government structures for cooperatives,” “difficulty in financing activities,” and “Institutionalizing distrust of cooperatives.” Finally, based on the research findings, the following strategies have been proposed for the success of “Development and Civil of Counties Cooperatives”: “clarification of laws,” “using resilient management,” “networking,” and “social entrepreneurship based on the comprehending and use of local capacities,” “structural trust,” and “effective advertising and education” strategies. Manuscript profile -
Open Access Article
56 - A Critique On The Shortcomings Of The Law On Landlord And Tenant Relations in 1997
Amirreza Mahmoudi Mostafa Abbasi Seyedeh Mahshid Miri BalajurshriThe story of landlord-tenant relations is a story, almost old. For a long time, landlords have sought to rent their property at a higher price by vacating it, and tenants have always wanted to pay a lower rent and stay in their place. The story of renting business premi MoreThe story of landlord-tenant relations is a story, almost old. For a long time, landlords have sought to rent their property at a higher price by vacating it, and tenants have always wanted to pay a lower rent and stay in their place. The story of renting business premises has been complicated twice. There is something called head lock and a phenomenon called the right to trade and trade in the relationship between the lessor and the lessee of the place of business, which increases the depth of the differences between the two. The principle in the lease contract is that the tenant vacates the premises at the end of the lease term and hands it over to the lessor. But it has never been so simple. Governments have always had to play the role of "regulator" and "arbiter" between these two. Anyway, the policies of the governments in this field started from the policy of limiting the rights of the owners and gradually it has been oriented towards the liberalization of relations and compliance with the free market economy. Manuscript profile -
Open Access Article
57 - Ruling Divorce: Quranic Principles and Reasons
Seyyed MohammadKazem Hoseini Faezeh MoghtadaeeWomen's Rights and the Issue of Women's Rights in Divorce in the commentaries on verses 228 to 241 of Surah Al-Baqarah, there are common concepts and interpretations between Shiite and Sunni jurists. The two well-known concepts of abstinence in the interpretations of th MoreWomen's Rights and the Issue of Women's Rights in Divorce in the commentaries on verses 228 to 241 of Surah Al-Baqarah, there are common concepts and interpretations between Shiite and Sunni jurists. The two well-known concepts of abstinence in the interpretations of the differences refer to the divorce of the Shari'a and the right of a woman to divorce in times of hardship. The famous word is used 38 times in the Holy Quran, 15 of which are related to family and marriage. In verses 228 to 241 of Surah Al-Baqarah, the famous word is repeated 12 times and emphasizes the importance of rulings such as' iddah, divorce, breastfeeding, etc., so that it does not exceed the shari'ah limits and is treated according to the famous (confirmation of sharia and custom). The legal provisions of the Civil Code of the Islamic Republic of Iran are also taken from the verses related to divorce and include the well-known principles in women's rights and divorce and allow the rulers to issue a divorce decree if the conditions for this type of divorce are approved. Manuscript profile -
Open Access Article
58 - Interpretation, Correction and Revision, Supplementary Decisions, Recognition and Enforement of Arbitration’s Award Under Iran’s Law and UNCITRAL Arbitration Rules
Ehsan AbbasiSince Arbitration is one of the most efficient and modern ways to settle a dispute, particularly those of commercial lawsuits, in view of the fact that our country is considered consumer and developing, it seems essential that jurists must become familiar with laws and MoreSince Arbitration is one of the most efficient and modern ways to settle a dispute, particularly those of commercial lawsuits, in view of the fact that our country is considered consumer and developing, it seems essential that jurists must become familiar with laws and regulations of arbitration. This was not an area under discussion by researchers; in fact, one would say there is almost no independent study for arbitration here. This article has a descriptive-analytical approach using library method to examine the questions. The findings in this research show International Commercial Arbitration Bill follows the Model Commercial Arbitration Bill; it forms rules about interpretation, correction, revision, recognition and enforcement of arbitration’s award which is the innovations of new law. Arbitration’s award has different aspects; one is interpretation, correction and revision, supplementary decisions, recognition and enforcement of an award. Exploring the issue may raise some questions; what would be the referring text for interpretation, correction and revision, supplementary decisions, recognition and enforcement of arbitration’s award under Iran’s law and UNCITRAL arbitration rules? What qualification would be needed to be met for that? What approach would be the approach of arbitration’s award under Iran’s law and UNCITRAL arbitration rules? How would be the recognition and enforcement of an award under Iran’s law and UNCITRAL arbitration rules? This article tries to analyze and answer these questions and some more. Manuscript profile -
Open Access Article
59 - The Mashrooteh Constitution and its Supplement: The Manifestation of “Citizenship” and “Republicanism”
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QFormat="true" Name="TOC Heading"/> </w:LatentStyles> </xml><![endif]--><!-- [if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:Arial; mso-bidi-theme-font:minor-bidi;} </style> <![endif]--></p> <p class="MsoNormal" style="text-align: center; text-indent: 14.2pt; line-height: 97%;" align="center"><strong><span style="font-size: 14.0pt; line-height: 97%; color: black;">The Mashrooteh Constitution </span></strong></p> <p> </p> <p class="MsoNormal" style="text-align: center; text-indent: 14.2pt; line-height: 97%;" align="center"><strong><span style="font-size: 14.0pt; line-height: 97%; color: black;">and its Supplement: The Manifestation of “Citizenship” and “Republicanism”</span></strong></p> <p> </p> <p class="MsoNormal" style="margin-left: 25.5pt; text-align: justify; text-justify: kashida; text-kashida: 0%; text-indent: -17.0pt; mso-pagination: none;"><strong><span style="mso-bidi-language: FA;"> </span></strong></p> <p> </p> <p class="MsoNormal" style="text-align: right; line-height: 97%; mso-outline-level: 1;" align="right"><span style="font-size: 11.0pt; line-height: 97%; color: black;">Attaullah Karimzadeh<a style="mso-footnote-id: ftn1;" title="" href="#_ftn1" name="_ftnref1"><span class="MsoFootnoteReference">*</span></a></span></p> <p> </p> <p class="MsoNormal" style="text-align: right; line-height: 97%; mso-outline-level: 1;" align="right"><span style="font-size: 11.0pt; line-height: 97%; color: black;">Abbas Manouchehri<a style="mso-footnote-id: ftn2;" title="" href="#_ftn2" name="_ftnref2"><span class="MsoFootnoteReference">**</span></a></span></p> <p> </p> <p class="MsoNormal" style="text-align: right; line-height: 97%; mso-outline-level: 1;" align="right"><span style="font-size: 11.0pt; line-height: 97%; color: black;">Sohrab Yazdani<a style="mso-footnote-id: ftn3;" title="" href="#_ftn3" name="_ftnref3"><span class="MsoFootnoteReference">***</span></a></span></p> <p> </p> <p class="MsoNormal" style="text-align: justify; text-justify: kashida; text-kashida: 0%; text-indent: 14.2pt; line-height: 97%;"><span style="color: black; letter-spacing: -.3pt; mso-bidi-language: FA;"> </span></p> <p> </p> <p class="MsoNormal" style="text-align: justify; text-justify: kashida; text-kashida: 0%; text-indent: 14.2pt; line-height: 97%;"><span style="color: black; letter-spacing: -.3pt; mso-bidi-language: FA;">The Constitutional (Mashrooteh) Period is considered the most important period in modern Iranian history concerning modernity. During this period, the Western world was not solely viewed in terms of its material and technological advancements but was also noted for its modern ideas and thoughts in various intellectual, political, and social forms. Although the concepts of "citizenship" and "republicanism" were not explicitly utilized in the text of the constitutional and its supplementary laws, this does not signify a lack of understanding of them among constitutionalists. Despite the historical traditions of "shari'a" and "monarchy" in Iran grappling with new concepts and defending their own existence, efforts were made within the constitutional and supplementary laws to preserve their influence and power by legalizing and institutionalizing them. Consequently, what transpired was the encounter of the ideas of "citizenship" and "republicanism," which meant emancipation from subjects' status and empowerment, leading to tension between the two main intellectual currents, resulting in resistance and diminishing reception. These concepts not only failed to institutionalize in the administrative realm but also did not develop substantially on a theoretical level.</span></p> <p> </p> <p class="MsoNormal" style="text-align: justify; text-justify: kashida; text-kashida: 0%; text-indent: 14.2pt; line-height: 97%;"><span style="color: black; letter-spacing: -.3pt; mso-bidi-language: FA;"> </span></p> <p> </p> <p class="MsoNormal" style="text-align: justify; text-justify: kashida; text-kashida: 0%;"><strong><span style="color: black;">Keywords:</span></strong><span style="color: black;"> Citizenship, Republic, Mashroteh, Constitution, Supplement.</span></p> <p><span style="font-size: 12.0pt; font-family: 'Times New Roman','serif'; mso-fareast-font-family: 'Times New Roman'; color: black; letter-spacing: -.3pt; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: FA;"><br style="mso-special-character: line-break; page-break-before: always;" clear="all" /> </span></p> <div style="mso-element: footnote-list;"><br clear="all" /><hr align="left" size="1" width="33%" /> <div id="ftn1" style="mso-element: footnote;"> <p class="MsoNormal" style="text-align: justify; text-justify: kashida; text-kashida: 0%;"><a style="mso-footnote-id: ftn1;" title="" href="#_ftnref1" name="_ftn1"><span style="font-size: 10.0pt;">*</span></a> <span style="font-size: 10.0pt;">Corresponding Author: Ph.D. Student of Political Thoughts, Tarbiat Modares University, Iran.</span></p> <p class="MsoNormal" style="text-align: justify; text-justify: kashida; text-kashida: 0%;"><span style="font-size: 9.0pt;">atakarimzadeh@yahoo.com </span></p> </div> <div id="ftn2" style="mso-element: footnote;"> <p class="MsoFootnoteText" style="text-align: left; direction: ltr; unicode-bidi: embed;"><a style="mso-footnote-id: ftn2;" title="" href="#_ftnref2" name="_ftn2"><span class="MsoFootnoteReference">**</span></a> <span style="mso-bidi-font-family: 'Times New Roman';">Professor of Political Science, Tarbiat Modares University, Iran. </span><span style="font-size: 9.0pt; mso-bidi-font-family: 'Times New Roman';">Amanoocheri@yahoo.com</span></p> </div> <div id="ftn3" style="mso-element: footnote;"> <p class="MsoFootnoteText" style="text-align: left; direction: ltr; unicode-bidi: embed;"><a style="mso-footnote-id: ftn3;" title="" href="#_ftnref3" name="_ftn3"><span class="MsoFootnoteReference">***</span></a> <span style="mso-bidi-font-family: 'Times New Roman';">Retired Associate Professor, Department of History, Kharazmi University, Iran. </span><span style="font-size: 9.0pt; mso-bidi-font-family: 'Times New Roman';">yazdanis1948@gmail.com</span></p> </div> </div> <p> </p> Manuscript profile -
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