Logical Principles about the Method of Demarcation between Legislation and Implementation in the Light of Philosophy of Aietibaries

Author

Student of kharij level in the Islamic Seminary, Ph.D. student of Philosophy of Law, Baqir Al-Olum University

10.22081/phlq.2023.73759

Abstract

There has always been various debates in the society, among politicians and lawyers due to failure to clarify the exact demarcation between implementation and legislation and between legislative authority of the parliament and the government in the legal system. However, there has not been a basic methodical discussion, especially based on Islamic philosophy and the theory of Aietibaries, in this regard. This article tries to explain the basics of philosophy of Aietibaries and the method of synthesis and analysis in applying it to social, political and legal structures in order to find the logical principles of examining legal Aietibaries and their analysis and synthesis. The hypothesis of this research is that there is a Aietibaric structure and image, as the focus and axis of its related legal works, in every legal Aietibar. One can explain, describe and infer the identity of this structure and its effects using the Aietibaric analysis and synthesis method.

Keywords

Journal of Philosophy of Law
Volume 1, Issue 2 - Serial Number 2
February 2023
Pages 51-70

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History

  • Receive Date: 23 July 2022
  • Revise Date: 01 August 2022
  • Accept Date: 27 August 2022

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