فصلنامه مدرس علوم انسانی
سال چهاردهم شماره 2 (پیاپی 67، تابستان 1389)

The nature of law is one of the most important questions of philosophy of law. In the contemporary legal theories, two approaches can be identified about the nature of law: 1) We need to understand the general conditions which would render any putative norm that is legally valid. Is it, for example, just a matter of the source of the norms, such as its enactment by a particular political institution, or is it also a matter of the norm`s content? This is the general question about the conditions of legal validity. 2) There is the interest in the normative aspect of law. This interest is twofold: a complete philosophical account of the normativity of law that comprises both its explanatory role and normative – justificatory task. The explanatory task consists of an attempt to explain how normatively of law can give rise to the reason for action and what kinds of reason are involved. The task of justification concerns the elucidation of the reason people ought to have for acknowledging the law`s normative aspect. In other words, it is the attempt to explain the moral legitimacy of law.

In human history, if a detection or revolutionary idea has emerged, once cause anger Palladian system of its age. The question of human cloning is analogical with such statues. Perspective of making human by cloning technology has caused widespread solicitude among religious, ethic and law thinkers. Cloning is the birth of chrysalis homogeneous with original by non- sexual way. The main subject of this paper is the argument of parentage in human cloning. Yet two view points have been proposed about parentage in human cloning by current jurists. The first view point states that there is no parentage in human cloning because of non-normal zygosis. The second view point confirms the existence of parentage in human cloning, because of traditional understanding. They believe that if cell padrone was male, it is the father of the cloned child and if cell padrone was female, it is the mother. Our point in this paper is the firstly there is parentage in human cloning and secondly the father and mother of cell padrone are the father and mother of the cloned child. In other word, cell padrone and child are twins.

Criminal law history shows that penal evidence system has gone under drastic and frequent changes. In the ancient law and the ancient European accusative procedure system, use of ordeal evidence was normal for crime proving and this evidence had judicial validity and value and resort to it had been accepted for crime proving. Rome Empire and Middle Century European law/authorities progressively attended to legal evidence and in the French revolution, the way of the judge conscientious convincing become alternative of legal evidence system that nowadays it emerges in criminal procedure code of this country too. Iranian legislator accepted the moral proof system in 1290 but combined the penal procedure code with the legal proof system.

The Warsaw Convention of 1929 and the Montreal Convention of 1999 apply to all international and most of the domestic carriers of persons, luggage or goods performed by aircraft. According to Article 17 of the Warsaw Convention to which the Montreal Convention of 1999 made inconsequential changes: “The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.”? What mean ‘accident’, ‘on board the aircraft’ and ‘in the course of any of the operations of embarking or disembarking’? are issues that have been examined in this article.

Integrated circuits are the core components of any digital equipment, in the information technology era. Due to heavy money and time investment needed to establish the integrated circuit industry, the ease of copying the layout-designs on a fraction of original expenses, and the disability of existing copyright and industrial property regimes to protect the right holders, the industrial countries adopted a sui generis form of intellectual property right. This article is directed to discuss the conditions that layout-designs of integrated circuits should fulfill to be entitled for the intellectual property protection. Furthermore, the creator duties, which are required by Washington Treaty 1989 and TRIPs Agreement 1994, and some selected national jurisdictions to be eligible to exercise his rights will be studied in details.

Conspiracy against security is deemed as one of the preventive crimes. In order to prevent the commission of some more serious offences against security, it has been criminalized. In this article, we shall review the relative regulations concerned to this offence with the parallel of religious standards and principals of criminal law. By taking into consideration the jurisprudicial sources including the Quran regarding “Zerar mosque” and the rule of “prohibition of assistance to religiously”, it is understood that the criminalization of conspiracy is quite acceptable but it can not be counted as one of the instances of “Moharabe”. Iranian criminal policy about conspiracy against security is not quite clear from different points of views. For instance, the amount of the provided punishment for conspiracy against security is more than the punishment for the commission of the original against security of state. This encourages the conspirators to commit the crime itself to enjoy a mitigated and lighter punishment. The absence of any mention of objective instance or material action in the act regarding the realization and establishment of the misdemean of conspiracy against security, would have the way for enter miss reading and understanding of this. Therefore, the reviewing of the respected legalization in Iran of the regulations of Article 610 of the criminal code for the purpose of it's compliance with the parallel of religious and international standards seem something inevitable.

After adventing of computers in the Middle of the 20th century and extensive production of miraculous literature and artistic works by it without any direct intervention of human being, the ways of legal protection of these kinds of works have been challenged. Questions like authorship, duration of protection and moral right in the computer-generated-works (CGW) should be decided in copyright laws. Although some statute laws such as England Copyright, Designs and Patents Act 1988 have specified obviously some legal aspects of these kinds of works, but it's position has yet to be determined in many countries like USA, France and Germany. Current Iran’s copyright law which is under the influence of France intellectual property law, also has not yet been proceeding to this issue. However, considering the expeditious increasing of CGW productions and its economic value, it seems that nowadays the suitable reaction of legislatures and protection of them at least under»sui generis right«are necessary.

In most of the legal systems, to guaranty the loans, there are two types of collaterals: Fixed charge ands Floating charge. The first type often occurs in tangible properties and assets while the second one has an ability to occur in the debtor's whole assets. Floating charge, which has been recognized in Article 9 of the Uniform Commercial Code, has been considered to create security interest in the debtor's future assets and also to create trust about the maintenance of mortgage on alienable properties. Precision, coherence and comprehensiveness of this Article have been inspired by most of the legal systems in codification of the rules of mortgage contracts. Although there are some regulations about mortgage contract in the Civil Code of Iran, taking securities from asset's value and future's benefit has been permitted to facilitate loan receiving in manufacturing plans since 2007. In this research, such a new regulation is studied comparatively in both contexts of Iranian and American legal systems.