فهرست مطالب

  • پیاپی 25 (بهار و تابستان 1395)
  • تاریخ انتشار: 1395/08/25
  • تعداد عناوین: 6
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  • Mohammad sadegh AHMADI Pages 1-26
    Dignity in the sense of honor and reverence is a controversial concept.this word is a foundamental concept inpolitical and legal thought. Despite of its significance, like many other, it is not a simple phenomena. Regardless of disagreement about its root and territory, it is considered as a very important concept. Mohammad Taghi Jafari has an unique idea about dignity and believe on it as an alienable characteristic. The Man mayreject his internal abilities and then lose his dignity.
    This paper is a critical review of Jafari’s theory.
    Keywords: inherent dignity, aleination of dignity, right, order, Islam
  • Reza ESLAMI, Peyman MORADI Pages 27-71
    This article first studies the meaning as well as the elements and characteristics of the academic freedom and elaborates the human rights foundation of this fundamental freedom. The article then refers to the state obligations to both refrain from any interference and provide protection needed in academic institutions. The article also reviews international documents and certain state constitutions which deal with academic freedom. This article finally examines the scope and also the limits of academic freedom should be enjoyed by the faculty members and students in academic environment as well as the topics they deal with in their research. The article concludes that there should be a bounding document in the international human rights law to recognize this important freedom and to require states to provide more serious protection and mechanisms for academic freedom
    Keywords: Academic freedom, university independence, human rights, scientific freedom
  • Mostafa JAFARI Pages 73-93
    Security and tranquility are vital devices in each occupation and the more excess Security individuals have in working conditions, the more extra potent and compass, they will have in their working conditions. Representative Parliament is sensitive position and also it needs more to security. Because the representatives were elected from frequent individuals so they are set forth ideas in whole of community and their decisions impact on whole of society. So Representatives parliament needs immunity because they have hardly their duties. Today one of the most important issues in the political system, immunity Representative Parliament. Due to privacy and professional security and peace of legislators is of particular importance .Immunity is a legal protection against possible plots which may be taken against members of representatives. In this article Parliamentary immunity is intended comparative study between Iran and Tajikistan as the two Muslim societies and with different legal systems According to the constitution; we studied laws, rules of procedure of Parliament and the opinion of legal experts of the two societies.
    Keywords: Representatives, Noninterference, Parliamentary immunity, judicial immunity, Legislative assembly
  • Bijan ABASI, Morteza HEMATI Pages 95-118
    Genesis of parliament house, as one of the dominant and influential powers in the countries, is realized thanks to the human efforts for democracy and the exercise of national sovereignty and the opinions and works of great thinkers such as John Locke and ideas of Charles de Montesquieu.
    Parliament can be of unicameral or bicameral structure. Nowadays, the bicameral system is prevailing in most of the countries. Now this question is raised that what are the reasons for the emergence of the second legislative assemblies? In response to this question, it must be said that the reasons for the emergence of these second legislative parliaments vary from country to country, most of which include historical, cultural, economic and social reasons as well as the traditions of the countries.
    It is worth noting that most countries are inspired from UK and America about bicameral system establishment. The second parliament is necessary or not, is always associated with pros and cons’ reasoning. Some people find the bicameral parliament system suitable for federal countries and the unicameral parliament system for simple government countries. This view is not without difficulties, because as we mentioned before, the necessity of bicameral parliament system in addition to the political structure and composition of the countries, depends on other factors as well.
    Keywords: first parliament, the Senate, legislative, democratic, elections
  • Ali GHANEEI, Mohammad HASANVAND, Frough HEYDARI Pages 121-149
    John Dewey (1859-1952), one of the greatest political philosophers of the twentieth century. His ideas on the nature of the philosophy, education, society, and politics has been the source of great debate. Democracy, for John Dewey, is emphatically not just a form of government; it is an ethical way of life. And yet, historically, it is in a state of fragility, due to the ascendancy of liberal individualism and market holism, which are practically unable to meet the social needs of the day and threaten to eclipse the public that is essential for democracy to survive. Exposing the politics of liberal individualism, and the huge inequalities it generates, Dewey suggests replacing its social forms with those of the scientific community of inquiry and its ethos of experimentation and co-operation. Dewey thus separates the pathologies of modernity (the social forms associated with individualism and capitalism) from its qualities (the scientific progress achieved through intelligent interaction and mutual learning), by recommending in the public sphere the same innovation responsible for such huge technological advances. But in doing so, Dewey, and, less excusably, his contemporary admirers, neglect the politics of democratic experimentalism, failing to explain its manner of concrete resistance (or, in hindsight, its capitulation) to the pathologies of modern capitalism, and to consider, in a more general sense, the significance of political power and political action. This neglect, it is suggested here, undermines the contemporary revival of Deweyan pragmatism as a public philosophy committed to democracy as an ethical way of life.
    Keywords: John Dewey, political thought, pragmatism, participatory democracy, democratic society
  • Fardin MORADKHANI Pages 151-174
    The concept law is one of the key concepts.in law knowledge. The Iranian In the beginning Constitutional Revolution faced with this concept. Both types of intellectuals and Clergymen in the Constitutional Revolution were an important reflection on this concept. Because of the broad nature of the subject in this article are solely the views studied Clergymen and The reasons for the pros and cons of the Clergymen and their battle to be reviewed. And show how the discussions between the two spectra Sheikh Fazlullah Nuri and students Akhund Khorasani some important issues about the law were decoded. An Iranians theoretical effort of the law is focused on two goals. The First of relationship between Sharia and law, and to create law what use from feghh. The second characteristic of the law means that the text will be adopted as what features have. The first question was discussed in the Clergymen and in this article we examined.
    Keywords: law, sharia, feghh, Naeeni, Nuri