Entitlement Theory

سال انتشار: 1395
نوع سند: مقاله کنفرانسی
زبان: انگلیسی
مشاهده: 599

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PESLSBTM01_006

تاریخ نمایه سازی: 8 آبان 1395

چکیده مقاله:

Different variables matter in the structure of the principles constituting the law including the economic, political issues along with ethical and religious beliefs. A legislator has to get acquainted with all of these variables through experience, observation and sociology as well. In contrary to experimental sciences, law is not only after the facts but that the disclosed facts are weighed against the wisdom therein and a legislator attempts at determining the best principles dominating such facts in order to help the public order and justice be truly observed thereafter. Thus, the goal pursuant to which a State starts legislation determines the latter‟s content and is in fact a torch for the legislator to find the proper path. This provides the logical reason for claiming that it is not possible to digest the principles of law unless the goals appertaining thereto are disclosed. On the other hand, answering the question that why has a discipline named „Law‟ has come to existence is pending upon another question as: what is the law and its bases? So, two issues namely the basis and goals are the subject of discussions as far as the philosophy of the law is concerned noting that the question appertaining to the question that „what goals should be reached at through legislation?‟ demands a more political answer than else for it determines the economic and social path into which a State shall step in.

نویسندگان

Abasat Pourmohammad

Department of law, Maragheh Branch, Islamic Azad University, Maragheh, Iran