Interaction of Value and Reality in Creating Legal Rule
Journal Title: فقه و اصول - Year 2014, Vol 46, Issue 96
Abstract
Fundamentals of legal rule is one of the major discourses of the philosophy of law, which has led to the formation of numerous intellectual schools in this field. The main query of the present research is that whether the two schools of “natural law” and “legal positivism” can interact with each other. Is the combination of “value” and “reality” possible in a legal system? What is the status of these factors in Iranian legal system? In other words, given the Islamic-value of our legal structure, has this system neglected the reality or are value and reality creating legal rules in a constructive interaction with each other? Answering these important questions requires studying the intellectual ideas different from those of all the Western thinkers. Finally, the present research concludes that in the West values still enjoy a major status, although it has tried to separate its legal principles from value principles. Besides, in the Iranian legal system, although an Islamic system and value-oriented, the values create legal rules in an effective interaction with realities.
Authors and Affiliations
MarḍIya Nikū’ī
Keywords
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