The Legal Thought System of Abolhassan Ameri Neishabouri

Author

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

10.22081/phlq.2023.73765

Abstract

Abolhasan Ameri believes the goal of human life is to achieve happiness, which is the highest good and virtue, and ultimately the actualization of human’s faculty of rationality (speech) The only way to achieve happiness is to adhere to tradition, i.e. the personal, family, social and governmental rules. The government’s duty, in this regard, is to provide the situation for the growth and excellence of human beings, and to help them achieve their material and intellectual happiness, and ultimately to achieve the highest good, by carrying out the law in the community and impelling people to respect these regulations. Ameri believes, as I have proved in this article, the general honor, i.e. the Almighty God, legislates the general laws; and the just erudite ruler deduces the particular laws from these general rules, such that it is along God’s will. In addition, the main criterion, which should be regarded for the legislation of rules, is the nature of the rule’s subject, and the primary principle is to legislate a law in accordance with the nature of its subject, although this principle may be violated in cases where different criteria are in conflict. In addition, Ameri believes a law has four main characteristics: predictability, guarantee of implementation, being unique and dominant over everyone, including the ruler.

Keywords

Journal of Philosophy of Law
Volume 1, Issue 2 - Serial Number 2
February 2023
Pages 133-150

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History

  • Receive Date: 28 June 2022
  • Revise Date: 22 July 2022
  • Accept Date: 11 August 2022

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