Judgment

Open Access Article

1 - The Relationship between the Concept of Judgment in Christian Theology and the Theory of Modern Sovereignty
kamyar safaei Saiedalireza Hosseinibeheshti

The concept of "sovereignty" is one of the key concepts of modern political philosophy. This concept, systematically explained for the first time in the modern age by Jean Bodin and Thomas Hobbes, implies the meanings like absolute and legitimate power over the legislat More

The concept of "sovereignty" is one of the key concepts of modern political philosophy. This concept, systematically explained for the first time in the modern age by Jean Bodin and Thomas Hobbes, implies the meanings like absolute and legitimate power over the legislation process. The prevailing attitude in political thought, due to the very pioneering of Bodin and Hobbes in explaining the meaning of sovereignty, views this concept as an innovative concept which is discovered in the modern age. This article tries to demonstrate, however, the concept of sovereignty is raised from Christian theology and one of its main topics: The concept of "judgement". Therefore, the systematization of the term "sovereignty" by Bodin and Hobbes never means that they invented this concept as a wholly modern one. For this purpose, this article searches for the meaning of the term "judgement" in the Old Testament and the New Testament, and, on the basis of the prominent commentaries of the Scriptures, seeks to show that this concept has three relatively distinct but intertwined meanings. These three meanings are "Legislation", "Judgement in legal and judicial sense" and "Sovereignty", all of which accords with the features of the notion of sovereignty in the modern sense of the word. Consequently, it can be said that, the formation of modern sovereignty has not happened in discontinuity with Christian theology, but in continuity with it. Manuscript profile

Open Access Article

2 - Analyzing the Neoplatonic/Christian origins of the formation of human sovereignty in the Renaissance era
kamyar safaei Saiedalireza Hosseinibeheshti

The main topic of this research is to find the roots of human sovereignty in the age of the Renaissance, especially in the thoughts of Marsilio Ficino and Pico dellaMirandola who are two great neo-Platonist thinkers of this period. The two basic concepts that have been More

The main topic of this research is to find the roots of human sovereignty in the age of the Renaissance, especially in the thoughts of Marsilio Ficino and Pico dellaMirandola who are two great neo-Platonist thinkers of this period. The two basic concepts that have been discussed here to illustrate the transfer of the right of sovereignty from God to Men are the concepts of Judgment and Hierarchy. From these two concepts, the judgment has derived from Christian theology and the hierarchy has derived from the neo-Platonic philosophy. We choose the concept of hierarchy because these two thinkers, in their main works, firstly describe the hierarchy of existence, and then, in opposition to the former neo-Platonists, they liberate man from that and give him the freedom to move in ascending or descending directions in that hierarchy. Therefore, the discussion of the concept of hierarchy and its theoretical development from Plotinus to Dionysius is necessary, to be able to speak of the liberation of Man from the hierarchy of existence in the thought of Ficino and Miranda. But it is necessary to address the theological concept of judgment because Mirandola states that a person can reach the position of one of the heavenly angels, namely "Tron", which is a symbol of divine judgment. For this reason, we searched for the meaning of the term Judgment, in the Old Testament and the New Testament, and showed that this term has three meaningsin the Scriptures: legislation, judgment in the legal sense, and sovereignty, and therefore We showed that Mirandola's notion of Judgment, accords with the third meaning of the term Judgment in Scriptures which is sovereignty. Accordingly, one can say that Man's possessing of the right to judge, in the thought of Ficino and Mirandola, which arises from his liberation from the hierarchy of existence and his access to the position of Throne means that he will have the right of Sovereignty. Therefore, the right to judge which now means sovereignty and previously belongs to God and through his grace, to Christ and God's saints, is thus transmitted to Man. Manuscript profile

Open Access Article

3 - Capability-Virtue Political Judgment in the Thought of "Martha Nussbaum"
Mahmoud Alipour Saiedalireza Hosseinibeheshti

One of the issues raised in the late political philosophy is the revival of the linguistic concept called "political judgment". Political judgment can be considered as the expression of one's understanding and perception of a political event or situation. Based on this More

One of the issues raised in the late political philosophy is the revival of the linguistic concept called "political judgment". Political judgment can be considered as the expression of one's understanding and perception of a political event or situation. Based on this definition, the essence ofPolitical thingis defined based on speech, decision and judgment in political life. Historically/ conceptually, political Judgment has gone through two major Transformation. One: in the form of Platonic awe and following predetermined criteria (idea-centric), And the second in the form of devalued face of the world of politics and centralization, interpretation and benefit of man as the standard of everything (relativistic). Nussbaum's normative approach proposes a third and distinct type of judgment under the title of "virtuosity-ability". Therefore, the question arises, what is the nature of political Judgment in Nussbaum's thought, and where is the position of "ability-virtue" in it? In her view, political judgment is related to "valuable and virtuous political feelings and emotions", and on the other hand, to "capability approach" in the sense of what citizens can and should do. From this point of view, Nussbaum tries to criticize the standard-oriented and non-normative Judgment by proposing political liberalism against comprehensive liberalism. And on the other hand, she is against imposing those judgments on the political decision-making situations of citizens. Manuscript profile

Open Access Article

4 - Third Party Objectionable Judgments
Ebadollah Rostami Chalkasari Mahmud Kohani

Principally the issued judgments from trial authorities at principal of relativity must effect merely in relation of the parties of trial and cannot invoke at others than them, but sometimes those judgments defect the third parties of their rights. The legislator for pr More

Principally the issued judgments from trial authorities at principal of relativity must effect merely in relation of the parties of trial and cannot invoke at others than them, but sometimes those judgments defect the third parties of their rights. The legislator for preservation from rights of them has permitted until they object to those judgments as third parties which it is named as "third party objection". There is no unanimity of opinions in the matter of what judgments have the third party objection receptivity? Absoluteness of the legislator's expression includes all of judgments either decree or order issued by court and includes conclusive judgments and on the other hand the proviso the "court" as the issued judgments issuer author, doesn’t include other authors. The right of objection has been recognized to arbitration award and judgments issued by administrative Justice Court, but about other authors haven't been done sufficient and necessary review, thus in this paper we will determine the judgments which the third party can object to them. Manuscript profile

Open Access Article

5 - Moral Judgment based on situation exceptionalization: A Phenomenological Investigation of Research Ethics

This paper is targeted at Shiraz university doctoral students’ understanding of research ethics using phenomenology as its research strategy. Eight students participated in this research by deep interview. Using interpretative phenomenology, as the first step, we identi More

This paper is targeted at Shiraz university doctoral students’ understanding of research ethics using phenomenology as its research strategy. Eight students participated in this research by deep interview. Using interpretative phenomenology, as the first step, we identified seven sub-themes through an inductive analysis of the data. Then, these sub-themes were conceptualized and categorized to generate themes that could describe how students understand ethical conditions in research. The two themes generated—‘‘Rethinking about concepts,’’ and ‘‘Enlightening diversity of situations’’—delineate “situation exceptionalization” for students, as the pivotal lived experience of the participants in which their encounters with various ethical dilemmas determine their moral judgment. As such, they single out their desired interpretation from diversity of situations so as to manage contradictions Manuscript profile

Open Access Article

6 - The Ethical Challenges of Implementing Arbitration in Iranian Legal System
Ali Rasoolzadeh Farsad Hamidreza Oloumi

The 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 More

The 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

7 - the moderating role of empathy in the relationship between moral judgment and moral behavior
zeinab rezayi

Although many researchers study the students' moral judgments and behavior, but about the emotional dimension of morality, wich is considered as emotions related to the interests of others Instead of self-interest, literature is scant. The aim of this study is to inves More

Although many researchers study the students' moral judgments and behavior, but about the emotional dimension of morality, wich is considered as emotions related to the interests of others Instead of self-interest, literature is scant. The aim of this study is to investigate the role of moderating of empathy in the relationship between moral judgment and moral behavior of students. For this purpose, 336 students (176 girls and 160 boys) of high school students in eighth Grade in Mashhad were selected by Multistage cluster sampling. Tools used in this research include: 15 questions checklist moral behavior of Swanson and Hill (1993), the short form of moral stories of Rest and colleagues (1973), for moral judgment, and empathy questionnaire of Mark Davies (1994). Different analytical tests including Pearson correlation and hierarchical regression was used to examine the findings The results showed that there is a significant, direct but weak relationship between moral judgment and moral behavior. also there is positive and significant relation between empathy and moral behavior. Regression analysis showed empathy has the moderating effect on the relationship between moral judgment and moral behavior. as well as gender differences in two empathic concern and perspective-taking subscales was observed. According to the results, it can be said that not only students' moral behavior is directly predictable from moral judgment, but also this relationship moderated through empathy. Manuscript profile

Open Access Article

8 - The Moderating Role of Empathy in the Relationship between Moral Judgment and Moral Behavior
Zeinab Rezayi Elahe Hejazi Hossein Kareshki

The aim of this study is to investigate the role of moderating of empathy in the relationship between moral judgment and moral behavior of students. For this purpose, 336 students (176 girls and 160 boys) at high school the eighth Grade students in Mashhad were selected More

The aim of this study is to investigate the role of moderating of empathy in the relationship between moral judgment and moral behavior of students. For this purpose, 336 students (176 girls and 160 boys) at high school the eighth Grade students in Mashhad were selected using multistage cluster sampling. Tools used in this research were: 15 Questions Checklist Moral Behavior of Swanson and Hill (1993), the short form of Moral Stories of Rest and colleagues (1973), for Moral Judgment, and Empathy Questionnaire of Mark Davies (1994). Different analytical tests including Pearson correlation and hierarchical regression were used to examine the findings The results showed that there is a significant, direct but weak relationship between moral judgment and moral behavior. also there is a positive and significant relationship between empathy and moral behavior. Regression analysis showed empathy has a moderating effect on the relationship between moral judgment and moral behavior, also, the gender differences in two empathic concern and perspective-taking subscales was observed. According to the results, it can be said that not only students’ moral behavior is directly predictable from moral judgment, but also this relationship is being moderated through empathy. Manuscript profile

Open Access Article

9 - A Historical Study of the Theory of Induction
Moosa Malayeri

This study is intended to provide an answer to the following questions: Does induction generate certain knowledge or tentative conclusions? Is perfect induction possible or impossible? If it is impossible, could the addition of a supplement to imperfect induction result More

This study is intended to provide an answer to the following questions: Does induction generate certain knowledge or tentative conclusions? Is perfect induction possible or impossible? If it is impossible, could the addition of a supplement to imperfect induction result in certain and absolute judgments? In order to provide some answers to the raised questions, the writer has explored the historical development of the theory of induction and then discussed the theory adopted in this paper. This theory has not undergone many fluctuations in the history of Muslim thinkers’ logical thoughts and can be studied in three historical phases or periods. In the first phase, the greatest player of which was Fārābī and, more than him, Ibn Sīnā, induction was divided into perfect and imperfect types. At the same time, Fārābī explicitly stated that perfect induction is impossible and emphasized that imperfect induction results in uncertain conclusions. In order to compensate for the defects of induction, Ibn Sīnā demonstrated how the conclusions of an imperfect induction can be promoted to the level of an empirical judgment through using a compound syllogism and benefitting from the chance principle so that it would turn into an ensuring and certain conclusion. The main player of the second period is Fakhr al-Dīn Rāzī. He maintained that imperfect induction does not yield certain results, and what has been interpreted as empirical judgment and placed within the category of certainties and even axioms is not anything more than an analogy. The third phase is characterized by the efforts and ideas of Muhammad Baqir Sadr, who believed that, although imperfect induction results in certain conclusions, the mentioned certainty, in contrast to Ibn Sīnā’s view, does not result from the mediation of a compound syllogism and the chance principle. He, rather, acknowledged that the certainty of inductive judgments arises from a specific feature of human intellect which persuades it to ignore fewer possible instances in the face of numerous possible ones. He calls this kind of certainty subjective certainty. The present paper, after reporting and analyzing the three- fold periods, demonstrates that the only defensible and justifiable standpoint regarding the theory of induction belongs to Fakhr al-Dīn Rāzī and concludes that induction, whether by itself or with the help of a syllogism, yields nothing more than a tentative conclusion. Manuscript profile

Open Access Article

10 - Farabi’s Innovations in Logic and his Role in the Dissemination and Transformation of Aristotelian Logic in the World of Islam
Akbar Faydei Seyyed Ahmad Hosseini

Through clarifying the complex concepts in Aristotelian logic in his masterful commentary on all chapters of Aristotle’s Organon, as well as through his unprecedented innovations in the field of logic, particularly in his division of knowledge into “concept and judgment More

Through clarifying the complex concepts in Aristotelian logic in his masterful commentary on all chapters of Aristotle’s Organon, as well as through his unprecedented innovations in the field of logic, particularly in his division of knowledge into “concept and judgment”, Farabi developed the Greek logical legacy in the world of Islam. In the present paper, the writers initially refer to and explore some of his ideas in the field of logic, such as the division of different types of knowledge into two categories of concept and judgment, his view of the particular and the universal and the origin of man’s knowledge, his division of universal concepts into the first and the second intelligible, his synthesis of Aristotle’s theory of predication with Porphyry’s five-fold universals, his definition of essentialism, his view of the inconsistency of modal negation with permissible negation, his specific theory of future possibility, his idea of induction and analogy, and his innovation regarding fallacy and the explanation and expansion of the different stand-points in this regard. Manuscript profile

Open Access Article

11 - Structure of Logical Propositions in the View of Muslim Philosophers and Logicians
Maqsud Mohammadi

Logical propositions are divided qualitatively into affirmative and negative types, and each of them is also divided into three attributive-predicate, privative-predicate, and negative-predicate types. Nevertheless, there are serious disagreements among philosophers and More

Logical propositions are divided qualitatively into affirmative and negative types, and each of them is also divided into three attributive-predicate, privative-predicate, and negative-predicate types. Nevertheless, there are serious disagreements among philosophers and logicians regarding their structure and content, which demands more research. Neither is there any unanimity as to the number of the constitutive components of the truth of propositions and the components necessary for their realization. The number of components of a proposition is determined based on the difference between simple questions and affirmative and negative compound questions. Moreover, some thinkers maintain that the judicial relation is an affirmative and ontological relation in all propositions, whether affirmative or negative. However, some others believe that it is affirmative only in affirmative propositions, while it is negative and non-existential in negative propositions. Furthermore, the conditional or non-conditional nature of the actualization of modified affirmative propositions has been propounded, and the negative-predicate proposition has been debated. The structure of a negative-predicate proposition, when pronounced, is similar to a negative attributive proposition but is different from it regarding its content and signification. The content of a negative attributive proposition pertains to the elimination and interruption of the affirmation judgment, while the content of a negative-attributive proposition focuses on affirmation of negation. Khwajah Naṣīr al-Dīn Ṭūsī and ‘Allāmah Ṭabātabā’ī, the contemporary philosopher, do not accept such aproposition as a logical proposition. Manuscript profile

Open Access Article

12 - Analyzing the role of lifestyle and ethnicism on consumer judgment about domestic products
Reza Shafeie Sara Saedi

Since consumers are the turning point of all marketing activities, companies need to be aware of the fundamental variables of purchasing decision making because understanding the mental structure of consumers helps to predict their buying behavior. The present study the More

Since consumers are the turning point of all marketing activities, companies need to be aware of the fundamental variables of purchasing decision making because understanding the mental structure of consumers helps to predict their buying behavior. The present study therefore aims to identify the degree of importance of psychological factors of lifestyle and ethnicity in consumer judgment of domestic products. The present study was a cross-sectional study in which the first stage of the study was conducted to identify the dimensions of product judgment from five academic experts in structured interview and in the second stage to investigate the impact of two variables of lifestyle and ethnicity on the judgment of domestic and collecting purposes. The data was collected through a questionnaire that was distributed among the household customers by simple random sampling. Data were analyzed with SPSS and AMOOS computer software. Findings from interviews with academic experts led to the identification of three dimensions (brand mentality, ease of use, after-sales service, perceived quality, product price and sales staff). Life and ethnicity influence the judgment of domestic products. The results showed that lifestyle and ethnicity as mental and psychological constructs can influence consumer judgment. Among the dimensions of lifestyle, patriotism and later, among the dimensions of ethnicity, have the most influence on the judgment of domestic products. Manuscript profile

Open Access Article

13 - 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

14 - Pleasure and ethics
alireza alebouyeh ali reza SHeikh

Undoubtedly, hedonism can completely encompass human life and give it a hedonistic meaning and concept. This issue has caused the question to be raised, to what extent is hedonism morally correct? And in the field of theory, what relation can it have with ethics? Can he More

Undoubtedly, hedonism can completely encompass human life and give it a hedonistic meaning and concept. This issue has caused the question to be raised, to what extent is hedonism morally correct? And in the field of theory, what relation can it have with ethics? Can hedonism be justified and moral? The research method in this article is descriptive-analytical. The findings of the research indicate that the relationship between ethics and hedonism is drawn from the way of examining the idealism of pleasure and the nature of hedonism . Despite the fact that a group of moral philosophers have gone so far as to consider pleasure as an intrinsic good and consider the criterion of moral value and moral judgment to be dependent on it and have organized hedonistic ethics; But pleasure cannot be an intrinsic good and the criterion of moral value, and hedonistic actions can be considered moral only in some cases. According to Islamic teachings, Although pleasure is not an evil thing and the pleasures of the afterlife are real and original; However, it is not the ultimate purpose. Manuscript profile

Open Access Article

15 - Witnesses on the Day of Judgment based on the interpretation of Al-Burhan in Tafsir al-Qur'an
zahra mohagheghian gortani Mohammad Reza Aram Amir Tohidi

<p>One of the valuable topics on the Day of Judgment is the witnesses of this day and the scope of their supervision. God has entrusted the supervision of the hereafter to his guardians, i.e. the prophets and messengers, and especially the Messenger of God and the infal More

<p>One of the valuable topics on the Day of Judgment is the witnesses of this day and the scope of their supervision. God has entrusted the supervision of the hereafter to his guardians, i.e. the prophets and messengers, and especially the Messenger of God and the infallible imams. Many speeches have been made about the witnesses on the Day of Judgment, and models such as justice, goodness and moderation have been identified with the attitude towards the middle nation. Seyyed Hashem Bahrani, the author of Tafsir al-Mathur al-Burhan fi Tafsir al-Qur'an, based on the verses of the Qur'an and narrative sources, has tried to identify the witnesses of the Day of Judgment. Bahrani believes that witnesses have characteristics, such as the position of infallibility and knowledge of their actions and their supervision, both in this worldly life and in the hereafter. This article tries to measure it based on the Qur'anic verses and hadiths with the descriptive-analytical method, along with examining the critical point of view about the introduction of the witnesses on the Day of Judgment.</p> Manuscript profile

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