|
A Reconsideration of the Concept of Right in Contrast With Duty and Rule and Requirement of Rule in Positives of Legislator
|
Seyyed Mohammad Taghi Hosseini Vardanjani *1    , Seyyed Mohammad Hossein Hosseini Vardanjani2 |
1- Qom Seminary, Allameh Tabatabai University, Tehran.
2- Qom Seminary. |
|
|
Abstract: (710 Views) |
One of the fundamental topics of jurisprudence and law is to understand the concept of right and the status of the Positives of the Legislator in terms of the right in the term or rule in the term. Despite the extensive research that has been done in this field, there is confusion in the concept of right in the realm of custom and the term among their works, which has transformed the results. Explaining and resolving it, as well as a new approach to the basis of the possibility of waiving and transferring the Positives of the Legislator, was the purpose of this research. The result of the authors’ analysis is that the word “right” has two meanings in the language and custom: 1- meaning fixed and correct, when it is attributed to speech and news. 2- meaning worthiness and merit, when it is attributed to persons or objects and the opposite of it is the concept of duty. This meaning, which encompasses a wide range of uses, is the subject of discussion among jurists and scholars of law, philosophy and social sciences. But the right, in the terminology of the later jurists, is applied to something that is either waivable or transferable, whether voluntary or involuntary, and the rule is placed against it. In case of doubt in the right in the term or the rule in the term of the fictitious, one must distinguish between the effects that are invented by the legislator, such as worship, and the effects that are invented by reason, such as transactions. In the first section, if accepted the authorization of previous state in doubtful rulings, the principle is the absence of triple effects, otherwise we must refer to other principles according to the case. But in the second part, in the absence of a specific expression by the legislator, one must refer to the rational judgment and they consider the effects of transactions to be subject to waivable and transfer by the owner, provided that they are not contrary to public order and good behavior.
- Hosseini Vardanjani; S M T., Hosseini Vardanjani, S M H. (2024). A Reconsideration of the Concept of Right in Contrast With Duty and Rule and Requirement of Rule in Positives of Legislator, Journal of Legal Philosophy Studies, 1(1), 93-118. |
|
| Keywords: linguistic right (customary), merit, right in the term, susceptible of waiving, transferability, rule. |
|
|
Full-Text [PDF 833 kb]
(376 Downloads)
|
Type of Study: Research |
Subject:
Special
Received: 2023/09/24 | Accepted: 2023/11/23 | Published: 2024/01/5
|
|
|
|
|
|
|
| Send email to the article author |
|
|
|
| Add your comments about this article |
|
|
|
