جستجوی مقالات مرتبط با کلیدواژه « Modern Government » در نشریات گروه « فقه و حقوق »

Justice is the main concern of philosophers and thinkers, has left its most important impact on the science of law. Along with the development of human societies from ancient times to the formation of modern governments, philosophers have offered various definitions of justice. The concept of justice is considered by Greek philosophers as the basis for the formation of this concept in the structure of political societies. Coinciding with the developments of the Middle Ages and the beginning of the Renaissance, law was mixed with another form of justice. Concepts such as just war led to the notion of justice as the most fundamental goal of law. Has enjoyed. In particular, this development has been well reflected in the distributional justice that governs state sovereignty. In this article, the concept of justice among philosophers and its developments from ancient times to the era of modern governments have been studied and concepts such as equality and justice have been considered as alternatives to justice.

The book "Sir al-Muluk" by Khwaja Nizam al-Molk Tusi is a summary of Iranshahri's thought that combines the two concepts of modern government and decent governance in a political and moral order to harmonize the essence of Iran's public rights with Iranian-Islamic cultural, traditional and religious foundations. This book not only deals with theorizing about the governance of Islamic countries, but also the ideas and thoughts of Khwaja Nizam al-Mulk are placed as a strong support for the Persian language. On the other hand, the theory of good governance is based on the idea that a government cannot necessarily have all the attributes and elements of merit and usefulness, but it must be able to bring human dignity and governance to its citizens. The aim of the current research is to prove that public law in Iran has a rich historical and philosophical support by analyzing and reviewing the book of Sir al-Muluk, and it can bring to the fore the components of good governance in the light of the concepts of public law.

In this article,the influence of religious and political institutions on the stability of governments is examined as one of the most important components of political life and also one of the main factors of the authority and stability of governments. In this study,we compare the religious and political institutions mentioned in the Shahnameh and the history of old Iranshahri,as well as the political institutions effective in the stability of governments from the point of view of Weber,one of the most important western thinkers. It has been submitted and will be paid. In this article, the method of text analysis has been used and the theory of Leo Strauss regarding the study of ancient texts has been taken into consideration .The theoretical conclusion of this article is that religious and political institutions have a decisive role in the survival of governments,but depending on the macro policies of the government,its effect on the stability of the governments varies,that is, political institutions play a role in relation to the macro policies of the governments. In an ideological government, political institutions are at the disposal of the rulers, and through those political institutions, they apply the ideology of the continuation of domination and in other words the stability of the government.In this type of government,expertise is generally sacrificed for commitment to ideology,while in democratic governments Political institutions, based on a pre-defined and organized system, work to improve the methods of good governance of the country,circulation of elites and improvement of citizens' lives.

The article774 of the Civil law of Iran has annulled the pledge of debt and interest by specifying thenecessity of the property subject to mortgage to be the same. The article 772 of the Civil lawalsoconsiders the deliverance as a condition for thevalidity of the mortgage contract.Accordingly,the mortgage of debt and intangibleproperty is the matter of disputation. From another angle,the everincreasing expansion of needs requires the Iran’s mortgagerights related laws to change to be more efficient.We should be conscious to the main theme and core of issues and be cognizant toward the purpose of rights so as not to be mixed and confusedwith established subjectivities.While aligningwith the existing regulationsof developedcountries such asEngland and France,the expectations related tothe economyand tothe facts should also be answeredappropriately.Also,the abovementionedlaws should havethe flexibility to set the stage for a significant amountof assets to be subjected to mortgage.In this regard,in thisstudy,the authors aim at addressing the following issuesthe current situation of Iran’s mortgage rights byrelying on debt mortgages and deliverance andthe reasons for restrictions.Then,the development of the issue of mortgage in the outsideworld has beendiscussed by relying on the field of banking law,and it has also been pointed out that the concepts of lawunderwent changes with the rise ofNapoléon Bonaparte and the emergence of themodern government,as a result of which concepts such as possession and objectivity became less important.Also,a comparative comparisonwith countries such as France, England,America andEgypt has beenmade inorder to reach a proportionate economic approach,and finally a solution to solve the above problem has beensuggested.

In modern approaches to criminology, not only has it not been considered as an individual phenomenon, but it has been defined as a social phenomenon that occurs in the context of specific social developments. In Iran, too, although the legislators’ approach has been very deep, insightful and recognizable to punish and deter Bribery and Bribe taker criminals, but the facts in administrative violations show other data that are needed to identify and deal with this crime, from A new approach, such as the sociology of law, was used to address this dilemma and crime. Therefore, the question of this research arises on the basis of why the crime of bribery in the modern government in Iran according to the legal sociology – with the view of Emil Durkheim – thought?
The hypothesis of this research is based on the view that: Accelerated modernization and social events have caused anomie in social structures, the effect of which should be seen in the change in social control structures, which have a task to prevent corruption. Therefore, this article pursues two basic goals: while examining the social context of this crime, it introduces the cultural and normative reinforcing components that cause this crime. The findings of this study indicate that factors such as: disruption of the value system, disruption of the division of social work, reduced solidarity-unity and empathy, reduced social conscience, lack of social control and prevention system as factors affecting the occurrence of crime Is bribed.