نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانش آموخته دانشکده حقوق و علوم سیاسی دانشگاه تهران
2 عضو هیات علمی دانشگاه آزاد اسلامی
3 استادیار گروه حقوق دانشگاه آزاد اسلامی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Abstract
The aim of the research and statement of the problem: The current research is to investigate the impact of the philosophy of natural rights theory on the legal positivist presuppositions based on the account of John Austin, which the Allies used in the Nuremberg Trials and then preferred the principles of natural rights over pure positivism. Through the application of law and natural rights in the Nuremberg trials, it is based on the principles that forced the Nuremberg court to choose them as a judgment criterion. Natural law and legal positivism in the Nuremberg trials in the realm of legal philosophy associated with different opposing approaches. The supremacy of positivism during the World War caused irreparable disasters that show the importance of natural rights in the criterion of what is right and proper.
Research methodology: According to the descriptive and analytical method, the analysis of the conflict between the legal positivism governing the Nuremberg court as the dominant discourse with the principles of natural rights in the transition period of the World War and the postmodern period reveals that although the law governing the court seems to be pure legal positivism, the necessity of adjusting this absolutism in the thoughts of the judges showed the necessity of the principles of natural rights in validating the legal rule.
Important findings: natural rights theory basically believe that there is a basic moral law or a moral source of law higher than man, whose basic rules can be reasonably known. Is. In order for a human-made law as just, it needs to be made based on the standard of natural rights.It is concluded the maximum natural law has been transformed into balance. Despite the supremacy of positivism in the Nuremberg Trials, the influence of natural rights is evident in the decisions issued,
کلیدواژهها [English]
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