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law schools; From the search for justice to the regulation of social life. An analytical look at the theoretical foundations of the law and their reflection in Iran's legal system. At first glance, the law may seem like a collection of dry legal materials, complex regulations and court decisions; But at deeper levels, law is a living science that discusses the origin, purpose and function of social rules. Every law that is applied in society today is rooted in a "thought" or "school". In fact, every time a judge hesitates in the interpretation of a legal article or the legislator develops a new rule, he is unconsciously choosing between different legal schools. Knowing these schools is not an academic exercise, but an essential tool for understanding the question of where the "right" comes from, and whether any adopted law is necessarily just. Throughout history, the opposition between two fundamental views has shaped the mainstream of legal philosophy: "natural law" and "positivism". Adherents of the natural law school believe that there are some fundamental principles before any subject law, based on reason, conscience and human dignity. For them, the law is only legitimate when it corresponds to justice. On the other hand, the school of positivism or realism sees the validity of the law in its "official source" and the "approval method". For a positivist, it is necessary to distinguish between law and morality, and the stability of society depends on the strict application of the text approved by the competent authority, regardless of whether this text is stretched by moral criticism or not. Alongside these views, critical approaches such as Marxism and feminism added another layer of analysis. They see law not as an instrument of justice, but as a reflection of power and economic conflicts, and believe that laws are often made to consolidate the interests of dominant classes or traditional structures. The judicial system of the Islamic Republic of Iran is a dynamic and multidimensional combination in which the creations of most of these schools can be seen. We are in a system that is indeed based on "positivism" (through the constitution and laws to maintain social order), but is rooted in "natural and divine rights".

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کیهان آنلاین · · Source

🇮🇷 Iran · Map

law schools; From the search for justice to the regulation of social life. An analytical look at the theoretical foundations of the law and their reflection in Iran's legal system. At first glance, the law may seem like a collection of dry legal materials, complex regulations and court decisions; But at deeper levels, law is a living science that discusses the origin, purpose and function of social rules. Every law that is applied in society today is rooted in a "thought" or "school". In fact, every time a judge hesitates in the interpretation of a legal article or the legislator develops a new rule, he is unconsciously choosing between different legal schools. Knowing these schools is not an academic exercise, but an essential tool for understanding the question of where the "right" comes from, and whether any adopted law is necessarily just. Throughout history, the opposition between two fundamental views has shaped the mainstream of legal philosophy: "natural law" and "positivism". Adherents of the natural law school believe that there are some fundamental principles before any subject law, based on reason, conscience and human dignity. For them, the law is only legitimate when it corresponds to justice. On the other hand, the school of positivism or realism sees the validity of the law in its "official source" and the "approval method". For a positivist, it is necessary to distinguish between law and morality, and the stability of society depends on the strict application of the text approved by the competent authority, regardless of whether this text is stretched by moral criticism or not. Alongside these views, critical approaches such as Marxism and feminism added another layer of analysis. They see law not as an instrument of justice, but as a reflection of power and economic conflicts, and believe that laws are often made to consolidate the interests of dominant classes or traditional structures. The judicial system of the Islamic Republic of Iran is a dynamic and multidimensional combination in which the creations of most of these schools can be seen. We are in a system that is indeed based on "positivism" (through the constitution and laws to maintain social order), but is rooted in "natural and divine rights".

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