مجله پژوهش علوم انسانی
پیاپی 36 (پاییز و زمستان 1393)

One of the most common and widespread phenomena in international society developments as well as most controversial issues in Islamic and International Law is suicide operations (Kamikaze) which unfortunately during the latter decades have been extended. Due to the novelty of the phenomenon in the contemporary world and lack of definitive rules in this regard, there are different interpretations between Islamic doctrine and legal literature. On the other hand, in light of the international law especially international humanitarian law suicide operation has been considered as a prominent sample of terrorism- unless in some very restrict exceptional situation of international armed such an operation could be authorized. So, in this paper comparative analysis in Islamic jurisprudence and modern international law, with their various aspects of both areas will be explored.

As one of the most important international crimes, crimes against humanity in Article 7 of the Statute of the International Criminal Court, as a court of criminal jurisdiction has been. The first of these consists in the Joint Declaration of the Government of France, Russia and Great Britain in 1915 was 24.In this statement stressed the need to hold individuals accountable for the killing of Armenians under Ottoman rule was asserted as a crime against humanity. Elements in the definition of the crime of entering the notion of international criminal law, the developments and changes. The victorious powers of World War II, when drafting the Statute of International Court of Nuremberg, in the definition of the crime, be aware that criminal acts connected with the armed conflict have.The idea was that the criminal acts committed in time of peace, are not covered, and thus thecountriesabout the behavior of minorities or people for their colonies not to prosecute. Statute of the International Criminal Tribunal for the former Yugoslavia approach in Article 5 (ICTY) was also adopted and the prosecution and punishment of crimes against humanity only when it was known that "in time of armed conflict, whether international or domestic is happening," the drafters of this matter in the UN Secretariat believed that there are restrictions on the rights of public international law. Eighteen months after the passage of the Statute of the International Criminal Tribunal for Rwanda (ICTR) requirement of crimes against humanity related to the armed conflict was excluded,But the explanation of this action was to emphasize that this is contrary to public international law has been adopted. However, the International Court of Criminal Appeals Chamber of the ICTY (ICTY) argued that in contemporary public international law, there is no link between crimes against humanity and there is no armed conflict. Statute of the International Criminal Court, the drafters of the same procedures were followed. Another important element in the definition of crimes against humanity related to the need for programs and policies in committing crimes against humanity. While the Appeals Branch of the International Tribunal for the Former Yugoslavia in the case of "Kvnarach" was believed that the "public policy" is not a necessary element of a crime against humanity, but the drafters of the Statute of International Criminal Court is considered this provision as a necessary elements in the definition of the crime. In the one of the votes of the Supreme Court of Canada, the element of "public policy" in the definition of crimes against humanity, was considered one of the most important developments in the concept of crimes against humanity under public international law.This paper suggests that the Removal of condition crimes against humanity during the armed conflict on the one hand and public policy element in the definition of crimes against humanity are investigated and examined.

Iran's penal laws on piracy as an independent offense is not criminalized, components and elements isn’t specified, However, it is necessary that the particular act of piracy in the internal law passed by the legislature be. But the passage of such a law to prosecute and punish pirates captured the Penal provisions should be utilized in this regard. In this article The same way and manner used in domestic crime, a crime of piracy as defined by the domestic public and the foundations of the Triple be identified. In other words, as in the case of crimes against persons and against property act Defined primarily in terms of explaining the concept has been And more elements of the legal elements, material and spiritual, they would be discussed, Efforts will be based on internal regulations, as well as some international documents that our country is a party According to local regulations, as well as some international documents that our country is a party And international law, the crime of piracy as defined by an internal mass, Talk about the three pillars are ultimately based on domestic law, the applicable penalties for perpetrators on different assumptions and conditions should be determined.

The scientific criminal law has been established in 19th century by scholars such as Becaria. His book “on crime and punishment” created a scientific approach to crime, criminal and punishment. At the late of 19th century the positivist theorist posed lots of critiques on classical criminal law and its institutions. Their specific scientific approach to crime developed a new empirical science: criminology. They emphasis on criminal personality and a critical concept named “dangerous state”. Studying the criminal law developments shows that almost all philosophical and criminological theories tried to control crime. Therefore in all theories management of crime risk has been mentioned.

Abortion is one of the most controversial subjects in human societies since a long time ago. Laws and policies of countries follow three different routes. First, forbid abortion due to respecting life and religion doctrine. Second, absolute liberty should be dedicated to pregnant women since they have the absolute authority on their lives. Third, relative liberty should be allowed which would allow women to abort under some specific circumstances. The third group neither ignores the principles of the society nor needs to confront with predicaments which could come from abortion forbidding, such as increment of mothers’ death tolls owing to insanity abortion, increasing deformed newborns, and imposing guardianship expenses to the community.Fetus since its genesis until its final evolution, experiences two traverses. The first is before intromission of spirit and the second one would be after spirit inspiration. Abortion is forbidden regardless of the matter, yet most of clerics with respect to difficulty issues, have allowed it before intromission of spirit. It is allowed if a fetus was deformed or there is a possibility of death for their mothers. Therefore, on December 12, 2005, a law was passed to license abortion with consent of the mother due to anomaly of a fetus and possible death for its mother before intromission of spirit to the fetus under the supervision of forensics. Although passing such a law would have some positive impacts and it could decrease the negative impacts of abortion somehow, ambit of this note was not clear completely. Due to these facts, different approaches have been assumed. In the present study, fundamentals the single article was considered juridically and legality and some ambiguities were considered.

Representation of one of the concepts of modern times, however, this concept has a historical past. This article attempts to show how this representation has emerged as a new concept in modern times. In this article a new meaning to the term and its agencies will and then with reference to the opinion of some scholars for example Thomas Hobbs, Edmond Burk and Sieyes the difference between this new concept with similar contexts and its boundary is shown. One of the most difficult steps in establishing representative in modern times was the separation representation of these concepts. Although representative as one of the solutions to the implementation of the popular sovereignty is intended but it is also known as contradictions to the theory of popular sovereignty and some scholars have attempted to provide a solution to this problem.At the end of the importance of the creation of new systems have pointed. However, this paper examines the early issues of representation and other developments in the next centuries it has not been discussed.

The concept of "Citizenship Rights" including the legal implications of the recent political and social discourse has flourished. The concept of self-expression and public rights and freedoms of every nation takes the most basic public needs. Among the emerging concepts of Citizenship equality and justice that focuses on the theories of particular social, political and legal, has a special place. The criminal justice community to protect and preserve the rights of citizens is necessary, because the penal justice is done in order to protect the rights of citizens to hand over their rights abuses shortened. This is why the various laws passed to protect the rights of citizens, but what is important for the proper implementation of these laws. Thus, this paper seeks to examine and clarify the legal status of citizenship rights in the Criminal Procedure Code with regard to Iranian law, including the Charter of citizenship Rights notified.

In civil proceeding, plaintiff is require meanwhile access to valid evidence and provide it in the judicial authority, prove his claim. According to the traditional view, plaintiff is required to provide evidence from on behalf of himself and he could not obtained evidence proving claim from another party or third party. But today the view outdated and according to mechanism of disclosure of document, when document as one of the most important evidence, be in control another party or third party, plaintiff can request disclose it in order to prove his claim. The present research aims at a theoretical and comparative study, position of the legal system of Germany, Japan, France, England and Iran explain to the mechanism.

The Life of Abnormality is as Long as The Time of History and also The Lifetime of Political Abnormality is tantamount of The Age of States. Likewise, The Age of Terrorism as a Violence Action with Policy Purposes is Longley. Prevention of Violence Actions in Society is Duty of States. Elements, Basis and Features of State for Conducting Individuals can Determine amount of Satisfaction of Them. The Rule of Law Method is Democracy Because Individuals are Founder and likewise Follower of It. Terrorism is Breach of A Legal and Social Rule with Ghastly Actions for Making Insecurity in Society, that in some cases takes a Political Form. Rule of Democracy can be as Kind of Policy and also a Pre emptive Plan.

A future contract is a contract whereby the seller undertakes to sell In certain maturity, a certain amount of goods at a price determined at the time of conclusion of the contract are determined, On the contrary,the other party undertakes to purchase that good with those Specifications To guarantee the performance of the contract, the parties as an condition undertake to pay some money to the clearing exchange and Consistent with changes of future prices modify the guarantee and the clearing exchange is allowed to give this money to the other based on price change and he or she can use it untill they settle. From the perspective of some lawyers and jurists future contract is a kind of sale contract. On the other side somebody believe future contract is a contract in frame of article 10 of civil code and under free will of parties. So the aim of this paper is Understanding of the nature of future contract.