نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، دانشکده حقوق، دانشگاه علوم قضایی و خدمات اداری، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
This study, by examining the documents and discourses related to the concept of law before and after the Constitutional Revolution, demonstrates that the concept of “law” (qānūn) in contemporary Iran is a modern construct, emerging from the political and social dynamics of Iranian society during and after the Qajar era. The meaning and content of law،both have been shaped by philosophical, ethical, religious, and theological beliefs; hence, the neutrality of law in these respects is impossible. The concept of law must therefore be understood as a product of the intellectual efforts of modern Iranian thinkers. Contrary to the impression derived from the statements of some contemporary scholars, law in modern Iranian thought does not refer to a trans‑historical or universal concept. Rather, it refers to a construct rooted in Iran’s specific historical, social, political, and cultural order. Thus, the influence of the philosophical, ethical, religious, and political beliefs of Qajar‑period intellectuals must be taken into account in the formation of this concept and the semantic articulation of the term qānūn itself. What further substantiates this claim is that normative propositions—those containing ought or ought not, such as moral and legal propositions—cannot, by their very nature, be neutral in philosophical, religious, historical, social, or cultural terms. It is precisely these dimensions that determine the substance of normative content. Contrary to the instruction of Moshir al‑Dowleh regarding the construction of law, it is philosophically impossible for law to be neutral in religious or moral respects. In other words, the very attempt to render the content of law neutral constitutes, in itself, a departure from neutrality.
کلیدواژهها [English]
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