نشریه فلسفه حقوق
پیاپی 1 (بهار و تابستان 1401)

The philosophical discussion about objective or subjective is sometimes focused on beings and things; Sometimes it is about linguistic propositions and expressions, and in the case of beings and things, it occurs in both metaphysical objectivism and epistemological objectivism. In the case of linguistic propositions and expressions, there are three approach and applications of objectivity; Semantic, metaphysical and discourse objectivity. In the field of legal issues, too, the objectivity is arised in several ways; and not in a common sense; and everywhere, in the contrary of a particular meaning, in the face of the opposite concept. Both metaphysical objectivity and epistemological objectivity are also raised in the field of legal issues. Metaphysical objectivity in law is accepted when we consider the existence of law to be independent of the minds and beliefs of individuals. Whereas epistemological objectivity in law has two meanings; in the first sense, objectivism means the observance of impartiality and non-partisanship, and in the second sense, it means the possibility of understanding and transindividualand discernibility and legal shareability.

Sovereignty is one of the most ambiguous concepts proposed in law and political science, and this ambiguity and lack of clarity of this concept has caused many errors about it, so that there are many conflicting opinions about this concept, from denying its existence from the beginning to its necessity for the formation of any government and political power. In this paper, in order to better understand the concept of sovereignty instead of the usual methods of historical research, Michel Foucault’s paleontological method has been used and with the paleontology of the concept of sovereignty, it has been concluded that sovereignty is the result of the archetypal discourse of ancient Greek thought. It is based on the theory of Plotinus’s emanation and is very close to the concept of hierarchy in the Middle Ages. At the end of this paper, the relationship between sovereignty and the discourse and theories of cognition of the modern world has been examined and it has been shown that sovereignty in principle is in opposition to modern thought and can not be the result of modern discourse

For conservatives, private property, like religion, is a sacred institution and a precondition for freedom. In this sense, if the institution of property is harmed in society, it will harm the freedom of human. This paper is a fundamental-theoretical research, with the approach of philosophy of law, tries, by the method of historical sociology, to enumerate and analyze the reasons for the sanctity of property in conservative philosophy and its subjects. According to the researcher, the reasons for the sanctity of private property, in conservative philosophy, depend on the understanding of interconnected systems, in the conservative belief, of society as a spiritual reality, organ, hierarchical, as natural phenomena, derived from the natural difference between human beings. Therefore, according to conservatives, any attempt to create artificial equality in society by denying the sacred institution of private property is an authoritarian act contrary to the principle of freedom. For these reasons, the institution of private property, as an obvious, natural and pre- Social contract phenomenon, such as religion, plays an important and fundamental role in maintaining individual freedom against the state and the continuation of conservative social order and the hierarchy derived from it. Consequently, the denial of private property in conservative philosophy will lead to the denial of the sacred foundations in this school.

This study begins by focusing on the challenge of accurately understanding Islamic norms as a fundamental concept of the constitutional law to show how the lack of a precise approach to the normative theory of constitutional proceedings has plagued our legislative system at the stage of initiative and constitutional proceedings. After careful consideration of the subject, the challenge of research by focusing on the theory of compliance and the use of legal sermons and inferred reading from the philosophy of jurisprudence and law through this second-order method, has proved that legal sermon theory can provide all the formal components of law, it also has all necessary dimensions as a normative theory of constitutional proceedings in jurisprudence and tradition of Iranian law

“Sustainable development” is an international and internal concept with different dimensions, both economic and environmental aspects are important. In the international arena, with the Agenda for Sustainable Development Goals 2030 by the UN General Assembly in 2015, several goals under the concept of the Sustainable Development Goals have been offered to different countries for implementation. Although the nature of the Sustainable Development Goals Document 2030 is not legally binding, since its agenda, there has been extensive international streamlining by United Nations, its pillars as well as specialized UN agencies for its comprehensive implementation. Therefore, it is important to identify the obligations of governments in the context of this document.The approach of the Islamic Republic of Iran has been a partial and case approach to the sustainable development goals 2030, and some axes such as training (below target 4, and related to the education document 2030 and the Incheon Declaration) are particularly considered for cultural and social issues.But beyond this, the criticism of this document is now required in the international procedure so that we to be able to find concepts, goals and strategies, regardless of the streaming of international institutions and the negligence of some internal institutions, and as an Islamic country, we must take firm positions based on Islamic norms and national interests.

The need for research in Law, like any other science, is obvious and needless to argue. Given the shortcomings of legal research, evolution in this area is essential. The hypothesis of the present study is that the source of research is the system governing legal education and as long as the system governing legal education does not change, the research system will not evolve. On the other hand, in constructing “education” of Law in Iran, we must clarify in a intelligible and logical way our relationship with the humanities and the modern world on the one hand, and On the other hand Islamic tradition and Iranian culture as the foundations of the legal system governing the country by recognize our position and function in the face of the problems and issues facing Iranian society.This paper seeks to respond to the quality of the effects of the education system on the research system through a historical approach and a descriptive-analytical method, along with the use of library and sometimes field resources, and has concluded that In the current context of legal research, if its relationship with education to prestige and historical studies is considered, many windows of possibilities and capacities of evolutin will be opened, and examples of some of these capacities has revived, such as bringing students to the threshold of knowledge through confrontation with the right questions, creating freedom of action for the student in the education arena, to revive the teacher assistant system in the true sense of the word.

The view that the possibility of Islamic law in the context of modernity and the modern state is impossible, among the fundamental reasons for this claim has expressed the epistemological distinction and incompatibility of Islamic law with the method of codification (codification of laws), as one of the important the most features of the modern legal system. In this approach, the legal codes of technology of modern state are considered for monopolizing regulation, creating authority and integration, and homogenizing the society. On the contrary, according to this view, the history of the formation of Islamic law and its characteristics in the pre-modern period reflects these qualities: its non-exclusive, not focused on political power, pluralistic, individualistic and hermeneutic nature, which is fundamentally inconsistent with the codification techinque. In any case, it seems that such claim is wrong for at least two main reasons, and can be jeopardized by claiming the compatibility of codification and Islamic law: First, according to the approach of incompatibility of codification and Islamic law, history Islamic law in the pre-modern period is incorrect and without considering the developments in which there was a tendency to collect Islamic rules and judgement in codified collections; Second, the above view is based on a misunderstanding of code and codification and its role in the modern state and is considered more as an ideological issue. Thus, in this research, using a descriptive-analytical method, while explaining the view of the incompatibility of Islamic law with codification, the aforementioned critiques have been expound in order to draw a consistent horizon between codification and Islamic law.