Fundamental Rules in Law and Methodology to Elaborate and Develop Them

Each and every epistemic system of law has its own main and fundamental rules which plays an important role in depicting the structure of legal system, providing solutions for newly-emerged problems, interpreting legal rules, and picturing new institutions suitable to fulfill needs. These rules are recognized and developed out of the legal system and through a monitoring and critical approach so that, at higher levels, they may be referred to as positive laws or statutory laws or as an origin to issue a verdict in non-formulated legal system. The relevant methodology may be studied as the methodology of fundamental rules of Law in the sense of the way that fundamental rules are understood and developed according to various theories and schools. To do this, at first, attempt is made to study the possibility of referring to fundamental rules according to various legal schools and the legal system of Islam. Then, various views to the way of delimiting legal fundamental rules, separating them from each other, providing expedient forms to understand their contents and the processes through which they are formed will be studies, and the contents of fundamental rules will be discussed. In the next step, in views such as ‘homing’, reason and revelation have been introduced as the sources of fundamental rules. Then, four theories concerning methodology of finding fundamental rules have been studied. Finally, methodology of developing fundamental rules and the way in which particular legal rules may be extracted from them will be spoken of in two approaches of horizontal and vertical development.