Laws

Open Access Article

1 - Measuring the internal coherence of political regime elements in Plato's laws
Seyyed Khodayar Mortazavi

This 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 More

This 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

2 - Jurisprudential and Legal Study of the Concepts of Right and Decree
Seyed Alireza Foroughi

Right in Islamic jurisprudence entails two meanings: First, right in its general sense, means property and decree and in its specific sense it means right. The examples for this denotation of right are the right of fatherhood, right of guardianship for the ruler, right More

Right in Islamic jurisprudence entails two meanings: First, right in its general sense, means property and decree and in its specific sense it means right. The examples for this denotation of right are the right of fatherhood, right of guardianship for the ruler, right of administratorship, right of custody and the like. Although these are interpreted as right in the literature of the jurisprudents, they are all examples of decree. Second, right in its particular sense is vis-à-vis property and decree. Therefore, it has been said that the jurisprudents who put right in front of property and decree, they mean a type of religiously obligatory decree, which is also called religious decree or the decree of the Legislator. However, in cases we consider decree in its general sense, either obligatory or enacted, it is clear that right (like property) is a type of enacted decree. Therefore, decree in its general sense is attributable to its particular meaning (second meaning). On this basis, when right is compared and contrasted with decree, the denotative meaning of the two is involved and when in jurisprudence, jurists talk about the effects and consequences of right, like the capacity to waiver, and transfer, they mean that right possesses these effects as an enacted decree and its independent rational validity. On the contrary, the obligatory decree lacks such characteristics. This paper is an attempt to study the relationship between obligatory decree and enacted decree, and as well as the viewpoints of theoreticians at law and the independent viewpoints. Attempts also have been made to discuss the criteria for distinguishing right from decree and the procedure and criteria for judgment when doubt is raised about right and decree. In case of the absence of criteria, what shall be the basis for performance? Manuscript profile

Open Access Article

3 - Civil liability of a lawyer to a party and his religious and moral rights
Alireza Karimi Larimi seyed hosein safaii

This type of responsibility of the attorney is not in the form of a contract, but in the form of a contract, and is outside the principle of "relativity of the contract" and the contractual liability of the party, that is why the party is a party (third party) and that More

This type of responsibility of the attorney is not in the form of a contract, but in the form of a contract, and is outside the principle of "relativity of the contract" and the contractual liability of the party, that is why the party is a party (third party) and that the lawyer of the judiciary in contrast, the legal conflict, will have responsibility or not? There has long been no consensus on this matter, and a traditional view holds that even the notion of responsibility for a lawyer will eliminate his focus on defense and prevent this concern in the area of responsibility for the good defense of the lawyer, but the new theory and career requirements and the lawyer's profession leads to the recognition of the attorney by providing conditions, and the legal assignments, as well as the affirmation of the third party's liability for the lawyer, are suing. Manuscript profile

Open Access Article

4 - Impact of globalization on the conflict of laws from the perspective of ethics
Abdolmahdi Heidari Nejad Ali Almasi

In 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 More

In 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

5 - Representation of religious thoughts on civil liability arising from harassment and its associated with British law
Alireza sharifi Mohammad molodi

Civil liability from nuisance in property laws is one of the major areas in civil liability. People may cause nuisance or inflict harms to the latter through exercising their rights of occupation in properties. This subject matter is the area at which property rights an More

Civil liability from nuisance in property laws is one of the major areas in civil liability. People may cause nuisance or inflict harms to the latter through exercising their rights of occupation in properties. This subject matter is the area at which property rights and civil liability converge. On the one hand, the proprietor reserves an unlimited right of occupation in his/her property (Article 30 of the Civil Law). On the other hand, the right to property is restricted to this natural and legal right that the latter's property receives no damage (Article 132 of the Civil Law, and Principle 40 of the Islamic Code). The Civil Law does not have an explicit decree as to the civil liability of the proprietor and has not enumerated its provisions or elements either. Therefore, by comparative study of the subject, and via the analytical-descriptive method, it was concluded that the extra occupation of the reasonable would have the result of civil liability, if it would create nuisance in the property law and damage to the neighbor, whether it is intended or unintended for the proprietor. The absoluteness of the right, reasonableness of the act and satisfaction of needs shall not remove liability. However, the rule of "Prohibition of Detriment" governs the relations arising from vicinity and neighborhood, and the occupation by the occupier is customarily endurable by the vicinity law. Manuscript profile

Open Access Article

6 - A Review of the Rules and Regulations of Science and Technology and Relationship to Innovation
Mohammad reza Ata pour Seyed Habibollah Tabatabaeiyan

In 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 ( More

In 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

7 - Ethical Doctrines in Aristotle and Ibn Miskawayh Razi
Ali Mohammad Sajedi Hajar Darayitabar

Different schools of ethics have presented different doctrines in the field of ethics. Ethical doctrines include the premises, criteria, and referents of ethical acts. The differences between schools of ethics in their doctrines are rooted in their philosophical princip More

Different schools of ethics have presented different doctrines in the field of ethics. Ethical doctrines include the premises, criteria, and referents of ethical acts. The differences between schools of ethics in their doctrines are rooted in their philosophical principles. The ethical schools of both Ibn Miskawayh and Aristotle are virtualistic. Ibn Miskawayh believes that the most important prerequisites for ethical acts are self-knowledge, education, and training. Both thinkers explain the criteria for ethical acts relying on the principles of free will, intellect, moderation, and religious laws and analyze their referents based on elements of virtue, joy, friendship, etc. However, given the different worldviews of these two philosophers, their ideas of any of the ethical elements and referents are also different. Unlike Aristotle, Ibn Miskawayh attaches great importance to Islamic laws in relation to his ethical views. Moreover, he is able to provide a more successful model of ethical doctrines based on his monotheistic worldview. Influenced by religious teachings, he also believes that religious training plays an influential and efficient role in ethical growth and development. This paper is intended to explore ethical doctrines by comparing the ideas of these two philosophers. Manuscript profile

Open Access Article

8 - Order of Being and Ought-tos in the Book of Creation and the Book of Religion
Seyyed Mostafa Muhaqqiq Damad

The discussion regarding the problem of order in Islamic wisdom are classified under two titles: “book of creation” and “book of divine legislation/religion”. The book of creation explains and describes the necessary order dominating the world. The book of religion cont More

The discussion regarding the problem of order in Islamic wisdom are classified under two titles: “book of creation” and “book of divine legislation/religion”. The book of creation explains and describes the necessary order dominating the world. The book of religion contains the rules which have been devised to grant order to Man’s process of perfection. The major feature of the book of religion is that it has been developed based on the idea of Man as a free-willed being. Therefore, it contains a collection of recommended rules rather than obligatory laws. In the Transcendent Philosophy, these two types of order match each other. Mulla Sadra, himself, refers to them as “genetic” and “religious” affairs. Based on this view, we can say that, even with regard to human and social laws, the order intended by Mulla Sadra is of the type of real and objective, rather than mentally-posited, affairs. In the Transcendent Philosophy, obeying religious teachings is considered to be the right path leading to human perfection. This is the same as obeying the principles dominating the system of being or, in ‘Allamah Tabataba’i’s words, obeying fitrah or the primordial nature. This path and order are shared by all individuals and societies at all times and in all places and provide the possibility for happiness and living a social life for all human beings. Manuscript profile

Open Access Article

9 - Comparative Analysis of laws related to land Use in the Framework of Multilevel Climatic Governance (Case Study: Qazvin Urban Region)
mostafa momeni naser barakpour

Urbanization and climate change are two global phenomena and are inherently correlated. Land use, as one of the most important factors in this field, affects climate change in various ways. One way to manage this issue is to use multilevel climate governance, which prov More

Urbanization and climate change are two global phenomena and are inherently correlated. Land use, as one of the most important factors in this field, affects climate change in various ways. One way to manage this issue is to use multilevel climate governance, which provides a flexible conceptual framework for understanding the relationship between cities, regions, and national governments related to mitigation and adaptation strategies. The purpose of this study was to evaluate the laws related to land use according to the criteria of the governing by authority in the framework of multilevel climate governance in Qazvin urban region. In this study, the method of documentary research and the technique of systematic review of texts and in order to comply with the criteria of the governing by authority and legal materials in the laws and regulations, the comparative-analytical method has been used. In this way, 10 laws regarding the existence of legal articles were evaluated, in which local government officials have been given authority in the field of land use planning. The results of the study indicate that ther are different challenges such as the impact of policies and strategies of development documents on decisions, differences between decisions and upstream documents, differences in the type of reference review and licensing, legal gaps in related laws and inconsistencies in implementation in the field of land use planning in Qazvin urban region, and some decisions are based on less delegated authority at the local level, and the resulting actions are more vulnerable. Manuscript profile

Open Access Article

10 - The Right to Education of Children with Need of Mental Rehabilitation in International Human Rights Documents and Iranian Law
hoda paran mohammad ali pourmottaqi

The 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 More

The 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

11 - Assessing and evaluating the level of awareness of Chabahar citizens about urban rights and laws
Shah Bakhsh Raisi Maryam Karimian Bostani Safoura Abkhesht Sima Firoozi Rad Afsaneh Pourian

Raising the public awareness of the inhabitants of a city about the rights and laws of the city is one of the important factors that must be considered to achieve a sustainable and desirable city. Citizens' awareness leads them to achieve the right that society consider More

Raising the public awareness of the inhabitants of a city about the rights and laws of the city is one of the important factors that must be considered to achieve a sustainable and desirable city. Citizens' awareness leads them to achieve the right that society considers for them. Urban laws and regulations can be considered as one of the most important connection points between urban management and citizens. In other words, the actors, the main elements of urban management in the light of urban laws and regulations, while defining the role for themselves and other members, can involve citizens in managing affairs. In this study, the aim is to identify the level of awareness of the residents of Chabahar city about the rights and laws of the city. Based on the research data, the level of this awareness among the residents of the city was described. The research method is descriptive-analytical. The statistical sample size was estimated to be 382 using the Cochran's formula. Out of 382 distributed questionnaires, 82 questionnaires were excluded due to distorted information and analysis was performed on 300 questionnaires. The field data collection tool was a researcher-made questionnaire that was designed in 21 items. The reliability of the questionnaire was measured by calculating Cronbach's alpha and calculating the combined reliability coefficient (cr). Manuscript profile

Open Access Article

12 - The Rights of Children with Disabilities in Iran: An Analysis of Determining Areas
Maryam Sha’ban

Background and Aim: The present study seeks to identify, interpret and analyze the rights of children with disabilities in Iran. In this regard, the decisive fields of jurisprudence and law have been identified and analyzed at the domestic and international level. Met More

Background and Aim: The present study seeks to identify, interpret and analyze the rights of children with disabilities in Iran. In this regard, the decisive fields of jurisprudence and law have been identified and analyzed at the domestic and international level. Method: The research approach is qualitative and the research method is exploratory and documentary analysis. After identifying the documents related to the subject and issue of the research, they have been studied, analyzed and reviewed. Results: The results of the research show that at the international level and the Islamic Covenant on the Rights of the Child and in the internal laws and regulations of the Iranian society, the society and the political power structure are responsible for formulating and implementing protective policies for disabled children and these policies are also aimed at reducing harm, rehabilitating and Treatment of the disabled. In fact, they are considered a "posteriori strategy" towards the disabled. But in the religion of Islam, centered on Shiism as the dominant religion in Iran, dealing with the child is about potentially being a child, not actually being a child; This means that the children of future generations are considered and "foreseeable" in the current generation. It is as if the scope of childhood includes history and generations and is a "transhistorical" and “trans-generational" issue. Islam has emphasized on the "future and posterity" and respecting the potential rights of the next generations and has a "preventive" approach. Conclusion: The dominant strategy of the teachings of Islam in relation to children with disabilities can be inferred as "a priori and a posteriori strategy". In addition to the governing authority, community activists are responsible for the realization of plans related to this strategy for disabled children. Manuscript profile

Open Access Article

13 - Examining environmental pollution laws in Iranian law
reza dehghan

Iran is located in a dry region of Asia and the world, two-thirds of which are deserts, and only in the northern part and part of the western and southern parts of the forest, which is also being severely destroyed. But what has caused more attention to environmental is More

Iran is located in a dry region of Asia and the world, two-thirds of which are deserts, and only in the northern part and part of the western and southern parts of the forest, which is also being severely destroyed. But what has caused more attention to environmental issues, besides all these destructions, are issues caused by pollution, especially air pollution. The uncontrolled expansion of cities, along with the lack of control over population growth, which is growing the most in our country, as well as the uncontrolled concentration of industries and the irregular establishment of factories are the main causes of this pollution. The suspension of chemical particles and toxic gases in the air increases so much that the authorities have to declare a state of emergency and prevent people from traveling in some areas of the city that are more dangerous. The issue of protecting the environment in the direction of human interests and eliminating the destructive effects of industrial activities has become a serious issue in the contemporary world and has threatened humanity. To deal with this threat, a decisive action is needed by adopting appropriate measures. The practical procedure of Iran's courts is based on fault-based responsibility, and as it should be, it is not responsible for all the pollution and destruction and compensation for the damage caused to the environment, therefore, considering the need to compensate for the damage caused to the environment and the resulting civil liability, which It has a special place in the science of law. In this research, the effort is to explain, explain and analyze the deterrent effect of environmental destruction punishment on its perpetrators in Yasouj city and to find a suitable basis for this responsibility. Manuscript profile

Open Access Article

14 - Examining the nature and comparing the lease with the condition of ownership to the suspended contract in Iranian law.
Donya Hosseini moghadam

10.61186/ahrar.45964.4.8.1

The purpose of this study is to examine and compare the nature of "rent with the condition of ownership" with suspended contracts in Iranian law. Although the "rent with the condition of ownership" contract originated and developed in the Western legal system, due to it More

The purpose of this study is to examine and compare the nature of "rent with the condition of ownership" with suspended contracts in Iranian law. Although the "rent with the condition of ownership" contract originated and developed in the Western legal system, due to its advantages over similar legal institutions such as installment sales, suspended sales, and rental contracts, it can also be a suitable substitute for these legal institutions in our country's legal system. At first glance, it may seem that this contract is a rental agreement in which a condition for the tenant to become the owner is included at the end of the contract. However, it should be noted that "rent with the condition of ownership" has many similarities with contracts such as installment sales with a void condition, suspended sales, rental contracts, and mortgages. Despite these similarities, there are also significant differences with these contracts. Therefore, this contract cannot be included in the framework of any of these contracts, and it must be accepted that "rent with the condition of ownership" is an independent contract. Insisting on including this contract in the framework of other contracts creates problems that harm both parties and do not correspond to their wishes.One of these differences is the difference in the characteristics and nature of suspended contracts. A suspended contract is a contract whose occurrence and realization are subject to the occurrence of another event. In fact, a suspended contract is a contract that does not have any legal effect after (offer and acceptance), meaning that an agreement is reached and a contract is concluded, but its effect is not created and is subject to an incident. The widespread use of these types of contracts in recent years has made it necessary to identify their nature and provisions. Manuscript profile

Open Access Article

15 - A Comparative Study of Identification and Implementation of Foreign Judgments in Civil and Commercial Matters in Iranian Law and the Hague Convention of 1971
Abasat Pour mohammad Faeze Jahani moghadam

10.61186/ahrar.45966.4.8.1

In the development of international relations, the identification and implementation of judgments issued by foreign courts are of great importance. Among the international organizations in The Hague, the Hague Convention is unique in the field of private international l More

In the development of international relations, the identification and implementation of judgments issued by foreign courts are of great importance. Among the international organizations in The Hague, the Hague Convention is unique in the field of private international law, and among them, the 1971 Hague Convention represents a turning point in international efforts to create uniform laws and principles for recognizing and enforcing foreign judgments. In Iranian laws, the conditions for identifying and enforcing judgments are also stated in Article 169 of the Civil Procedure Code. In this article, a comparative study is attempted using library research method and descriptive-analytical approach on the identification and implementation of foreign judgments in civil and commercial matters with a focus on the provisions of the 1971 Hague Convention and Iranian civil laws. Manuscript profile

Open Access Article

16 - Plato’s Symposium and its Background
Hamidreza Mahboobi Arani

<span style="mso-ascii-font-family: 'Times New Roman'; mso-ascii-theme-font: major-bidi; mso-hansi-font-family: 'Times New Roman'; mso-hansi-theme-font: major-bidi; mso-bidi-font-family: 'Times New Roma More

<span style="mso-ascii-font-family: 'Times New Roman'; mso-ascii-theme-font: major-bidi; mso-hansi-font-family: 'Times New Roman'; mso-hansi-theme-font: major-bidi; mso-bidi-font-family: 'Times New Roman'; mso-bidi-theme-font: major-bidi;">Plato’s Symposium is an unparalleled philosophical-literary masterpiece, which demands a serious approach to rereading it because of its quality of expression, linguistic style, powerful narration and reasoning, and synthesis of mythology and philosophy, as well as dealing with certain important subjects such as love, immortality, and eternal happiness. The present paper aims to explore and elucidate some of the historical, cultural and social backgrounds of Symposium because any negligence in this regard will render the analysis of its content incomplete and inaccurate. In this study, the author initially deals with the tradition of symposium in ancient Greece, its formation, and the cultural changes it underwent over time. Then he investigates Plato’s approach in his other works as to the nature of symposium and his re-evaluation and re-formulation of this concept. This analysis reveals Plato’s extent of loyalty to his own criticisms of this tradition in the dialog of Symposium and provides a model for future symposia. Finally, reference is made to one of the most important themes in symposia, Eros, which plays the main role in symposia and functions as the link connecting other philosophical concepts in this dialog. In this section, while avoiding to delve into Plato’s extensive and accurate discussions regarding Eros in Symposium, the author has tried to describe the cultural and social context of Eros as perceived by Plato. Manuscript profile

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