نشریه حقوق بشر
پیاپی 25 (بهار و تابستان 1397)

The ambiguity of the concept of human is of the main obstacles in understanding human rights. Traditional philosophers take the Aristotelian essentialist approach to define human and claim that such produced definition provides us with a needed basis for the discovery of human rights. In this article, I elaborate on the Platonist and Aristotelian approach to the understanding of human and show how Aristotelian definition of human is neither philosophically sufficient nor practically applicable. Furthermore, such an approach is the root of many misunderstandings of human rights. Next, through criticizing the basis of essentialism, I present an alternative approach for defining human in analytic tradition based on which the “definition of human” is equivalent to the “meaning of the term human.” This approach is both immune to the philosophical flaws of essentialist approach and properly applicable to identify the instances of human.

The author' s purpose of this paper is to prove that political philosophy in the face of multiple challenges in political life need improvement and revision of its foundations. The argument to show frustration and dissatisfaction over the course of the development of society, Failures and weaknesses of the three components in the twentieth century theories, such as Nationalism, Liberal democracy and Capitalism will be evaluated. After pointing out the negative consequences of such frustration that the spreading insecurity, Violence and alienation, the idea of intercultural dialogue as a new basis of moral theorist studied in a diverse world. The writer With regard to the idea of ethics Kantian - Habermas Analyzing that today' s world is a society based on sharing the risks that requires new political philosophy that based on dialogic approach. Accordingly peaceful ethics has been reviewed and criticized: Including sustainable dialogue, emphasizing the historical understanding, cooperation among civilizations, the virtues of the world.present characteristics are principles from the basic features of modernity in the Kantian sense with regard to concepts is affected by critical theories.

Due to the numerous armed conflicts between nations and governments based on, cultural and religious factors, the idea of peace and human rights have always been one of the main aspirations of civil activists. Accordingly, the international community, particularly in the 20th and 21th centuries, has tried to reduce the loss of life and property caused by the hostilities in various ways. In this respect, one of the most important efforts has been the enactment of laws and regulations under the humanitarian rights and making the Governments involved in armed conflict to respect these rules. It is clear that armed conflicts do not have inflict humanitarian rights, but the question that is raised here, is that what are the effect of armed conflict on human rights? And whether upon the occurrence of an armed conflict, international law and humanitarian actions would be able to stop violations of human rights and encourages the enforcement of human rights. A theoretical analysis of the relationship between human rights and armed conflict, this article tries to show that the rules of human rights are supplementary rules of humanitarian rights during the armed conflict and the outbreak of an armed conflict is not a license to suspend human rights.

Identity has played a pivotal role in social movements. In sociology and political science, the notion of “social identity” is defined as the way that individuals label themselves as members of particular groups. According to postmodernism, every identity is unfixed and in flux. Whilst the duality of Iranian/Islamic is rooted in the emergence of the Islamic empire and its expansion to other parts of the world, the triple concept of Iranian/Islamic/modern (including liberal and socialist) dates back to the "Constitutional Movement" of 1905. Iranian identity crisis originates from historical paradoxes. Overcoming the identity crisis needs a synthesis between Islamic and Iranian cultures in one hand, and a critical approach to the western civilization on the other hand.

This article first tries to identify and explain the thoughts of absolutists (universalists) and relativists (the two main commentary courses of women’s rights) and then it tries to compare and study the Convention on the elimination of discrimination against women (the main fulcrum of absolutists) with the domestic prism for women’s rights and responsibilities . The domestic tendencies of both these approaches and each’s interpretation of this prism is analyzed. From the absolutists’ point of view, the general principles of women’s rights cannot be bound to a particular culture or geographical location. However, the prism believe the limitations and the necessities of a culture to be a part of women’s rights principles. Thus, by identifying the advantages and disadvantages of these two contexts from each other’s perspective and proposing a final conclusion, a single result is proposed as the best merit and solution for women’s rights domain.

In the legal system of Islam, women have a special status, and issues such as gender, morale, emotions and their social status have been considered by the Islamic legislator in defining punishment and limits. Throughout the jurisprudence, and in particular in Qisas and Hodod, there are numerous discounts for delinquent women, all of which are based on the components mentioned. This volume of microbiology and attention to the morale and psychological characteristics of women in the Islamic legislative system have raised a wide umbrella for women, which has led to a privileged position among the world' s legal systems. This descriptive-analytic method has been documented in the Shari' a of Islam and the Iranian legal system in Iran, including the following: punishment of apostate women, punishment of marriage women, punishment of women in offense, discount on punishment, lack of The license for the exile of a woman, the lack of adultery and discount, and the postponement of the execution of pregnant women, Breastfeeding, Hayes, and Peculiarities.