https://phlq.bou.ac.ir/ Journal of Philosophy of Law en daily 1 Tue, 23 Sep 2025 00:00:00 +0330 Tue, 23 Sep 2025 00:00:00 +0330 https://phlq.bou.ac.ir/article_78058.html Using an analytical–comparative method and based on the examination of statutory texts, policy documents, and official reports, this study seeks to set out the theoretical foundations of public law in the field of digital governance, identify deficiencies in Iran’s legal system in comparison with the Canadian legal framework, and propose appropriate solutions. The findings indicate that despite the significant step taken through the 2024 Digital Assets Bylaw, the legal system of the Islamic Republic of Iran faces serious limitations in achieving effective governance of digital assets. These limitations arise from the lack of explicit upper‑level legislation, the absence of a designated regulatory authority, weak inter‑agency cooperation, and ambiguities within public law related to the creation and circulation of digital currency. In Canada, institutional coherence, clear and anticipatory legislation, accountability mechanisms, and the use of technology for continuous monitoring of digital markets have collectively contributed to establishing effective governance in several areas. Accordingly, reforming Iran’s public‑law framework in dealing with digital assets requires the enactment of comprehensive legislation grounded in public‑law theory, the establishment of a specialized regulatory authority, and enhanced cooperation among governmental, judicial, and security institutions. Moreover, the prudent adoption of comparative experiences from countries such as Canada can assist in designing a localized digital‑governance framework grounded in transparency, legitimacy, and accountability. https://phlq.bou.ac.ir/article_79393.html This study examines the dominant human rights paradigm in the international system as an ideology, a political‑social construct, and a function of global political economy. The central question addressed is how the prevailing human rights discourse in the international arena can be analyzed as an ideological and civilizational discourse, and what capacities exist within cultural‑Eastern counter‑discourses to challenge it. Employing the theoretical and methodological framework of Laclau and Mouffe’s discourse theory and semiotics, along with social constructivism and the historical sociology of international relations, the research analyzes the ways in which counter‑discourses emerging from the cultural East are represented and articulated. Within this framework, human rights are conceptualized as an ideology with two interrelated dimensions: an identity‑based dimension and a power‑based dimension. On the one hand, this ideology is rooted in a Western civilizational identity; on the other hand, it shapes distinct configurations of power relations at the global level. It is understood as the outcome of political‑social processes that take shape within the broader context of the global political economy. Accordingly, human rights are analyzed as an ideological discourse. Like other discourses, the dominant human rights discourse in the international sphere is constructed through identity‑power relations. In a global environment characterized by contending narratives, the dominant human rights stream seeks to position its own narrative as the hegemonic one. Issues such as democracy and human rights have become particularly complex and contested in the post‑Cold War order. Internationally, human rights are often defined through Western–Eastern boundary‑making and grounded in Western concepts such as individualism, rationality, and liberalism. From a critical perspective—particularly in relation to Western identities and power structures—this discourse is seen as a mechanism for producing and reproducing forms of dominance.   In this context, analyzing human rights as an ideological and civilizational phenomenon, especially from the perspective of non‑Western civilizations, cultures, and traditions, offers an opportunity to reconstruct and articulate alternative counter‑discourses. https://phlq.bou.ac.ir/article_78664.html This article seeks to examine the possibility of rescission of marriage (*fasḵ*) by the wife where the husband is unable to provide maintenance/ alimony (*nafaqa*), by conducting an in‑depth analysis of the relevant jurisprudential and statutory foundations. The study argues that such a situation may be classified as either a breach of an implied condition or as *tadlīs* (fraudulent misrepresentation) within the marriage contract. The analysis begins by examining the nature and jurisprudential basis of maintenance, demonstrating that alimony or *nafaqa* encompasses all customary needs of the wife, including housing, clothing, food, medical care, and essential living expenses. The conditions governing the obligation to pay maintenance are then addressed, revealing two core prerequisites: the existence of a permanent marriage contract and the wife’s lawful cohabitation and compliance (*tamkīn*). Regarding available legal remedies, both criminal and civil mechanisms are examined. Under criminal law, a husband who, despite financial ability, intentionally refuses to pay maintenance is subject to sixth‑degree imprisonment pursuant to Article 53 of the Family Protection Act. Under civil law, the wife may claim maintenance before the family court and, in cases of persistent refusal and impossibility of enforcing the judgment, may request divorce under Article 1129 of the Civil Code. Given the complex and often protracted nature of divorce proceedings, this article contends that recognizing a right of rescission may serve as a more effective legal remedy. If the husband falsely portrays himself as financially capable at the time of contracting the marriage, and it later becomes evident that he lacked such ability from the outset, such conduct constitutes *tadlīs* or fradulant in marriage and, under Article 1128 of the Civil Code, gives rise to the wife’s right of rescission. Moreover, where financial incapacity arises after the marriage (supervening inability), this may be regarded as a breach of an implied essential condition regarding the husband’s financial capacity, thereby enabling the wife to rescind the marriage based on violation of an essential attribute of the contract. From a jurisprudential standpoint, the views of prominent jurists—including Shahid al‑Thānī, Fazel Hindi, and Imam Khomeini—are examined. These scholars have generally permitted the judge to compel payment of maintenance from the husband’s property where possible and to order his imprisonment where he lacks the ability but refuses to comply. However, in cases of absolute inability where no payment is possible, some jurists have explicitly recognized the wife’s right to rescind the marriage. This position, both logically and jurisprudentially, aligns with the Islamic principles of justice and the preservation of the woman’s dignity. Relying on Dr. Katouzian’s theory regarding the effects of rescission, the article further explains that rescission operates prospectively, and in cases where consummation has occurred, the wife’s right to the named dower (*mahr al‑musammā*) or gifted money remains intact. The study concludes that recognizing the wife’s right to rescind the marriage upon the husband’s inability to pay maintenance is not only compatible with jurisprudential principles and the Civil Code, but also constitutes an effective mechanism for protecting the wife and strengthening financial responsibility within marriage. This remedy, by reducing procedural complexities, facilitating judicial proceedings, and safeguarding the woman’s dignity, can help prevent repeated economic and psychological harm. Accordingly, the article recommends that legislators, drawing upon jurisprudential foundations and principles of social justice, consider incorporating this remedy into family‑law reforms, thereby ensuring both protection of the wife’s rights and preservation of family stability. https://phlq.bou.ac.ir/article_79394.html In the contemporary international system, economic sanctions are increasingly employed as instruments of political and economic pressure against states. One of the most prominent examples of such policy is the extensive and continuous sanctions imposed by the United States of America on the Islamic Republic of Iran since the 1979 Revolution. The present study aims to examine the economic dimensions of these sanctions and analyze their implications for the fundamental economic human rights of Iranian citizens. The principal question addressed in this research is whether the unilateral sanctions imposed by the United States against Iran are compatible with the standards of economic human rights set forth in core human rights instruments—particularly the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights—or whether they should be regarded as violations thereof. This study adopts a descriptive–analytical approach, based on documentary and library research methods. Within this framework, the concept and status of economic sanctions in international law are first examined, followed by an analysis of the historical evolution of U.S. sanctions against Iran. Subsequently, the economic and social impacts of these sanctions are evaluated in light of international human rights instruments. The findings indicate that, despite the inclusion of humanitarian exemptions within the sanctions regime, these measures have, in practice, produced widespread economic and social consequences for Iranian citizens. Restricted access to the global financial and banking systems, reduced foreign investment, and disruption of trade exchanges have collectively led to weakened economic indicators and a decline in public welfare. Moreover, indirect obstacles to the supply of essential goods—such as medicines and medical equipment—have hindered the effective realization of rights including the right to health, the right to development, and the right to an adequate standard of living. Accordingly, the continuation of such sanctions appears to be inconsistent with international human rights obligations. https://phlq.bou.ac.ir/article_77853.html The interconnection between literature and human rights—grounded in a humanistic perspective and in the intrinsic value of the human being as such—has deep and enduring roots. *Papillon*, the celebrated novel by Henri Charrière, is not merely an adventurous tale of repeated escapes; it constitutes a powerful testament to grave and systematic violations of human rights within the French penal colonies of Guiana in the early twentieth century. Through a meticulous analysis of the experiences and observations of the protagonist, Papillon, this article examines multiple instances of violations of fundamental rights, including the right to life, the prohibition of torture and cruel punishments, the right to liberty and personal security, the prohibition of slavery and forced labour, and the right to a fair trial. The novel vividly portrays inhumane living conditions, malnutrition, disease, relentless violence, and pervasive deprivations—conditions that trampled upon the inherent dignity of individuals. Simultaneously, this study highlights Papillon’s unyielding resistance and indomitable will, presenting him as both a central character and a symbolic embodiment of the human spirit’s struggle to preserve dignity and attain freedom. His actions are interpreted as an instinctive response to the systematic denial of fundamental rights. Ultimately, by juxtaposing these events with modern human rights standards—such as those reflected in the Universal Declaration of Human Rights—the article demonstrates that *Papillon* is not merely a historical narrative but a perpetual reminder of the imperative to safeguard human rights, as well as a warning against systems that shackle humanity and subject human dignity to mockery and contempt. May human beings honor the humanity of one another, and refrain from cruelty toward their fellow human beings. https://phlq.bou.ac.ir/article_79395.html 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. https://phlq.bou.ac.ir/article_79399.html Employing a descriptive–analytical method, this study seeks to clarify the position of the political economy of constitutional rules and the necessity of employing this approach in legal studies. It addresses the question of what role the political economy of constitutional rules plays within the discipline of law and how this approach may contribute to a much deeper understanding of legal structures and institutions. As an academic field, the political economy of constitutional rules, owing to its interdisciplinary character, provides enriching epistemic perspectives for legal scholars. The findings of this research indicate that this approach offers valuable contributions to legal scholarship across three domains: positive, normative, and interpretive. The positive dimension explains how laws are formed and how actors respond to them; the normative dimension evaluates laws according to value‑based criteria; and the interpretive dimension concerns the interpretation and clarification of the meaning of legal rules. The principal function of this approach lies in providing guidance for fundamental institutional change and for the reform and adjustment of existing rules in order to improve the “rules of the game.” This study further explains how the political economy of constitutional rules, through its analytical tools, is capable of identifying and predicting the behavioral consequences arising from the incentive structures embedded within constitutional rules. The approach provides a framework for normative evaluation and may play an effective and strategic role in the revision and reform of constitutional rules. It also offers a perspective through which the operation and consequences of constitutional rules may be better understood, enabling a clearer interpretation of constitutional provisions—an interpretation that may ultimately contribute to improving the institutional conditions governing political and economic spheres.The political economy of constitutional rules concerns the application of the analytical tools and methods of economics to the evaluation of fundamental rules within which legal structures and social institutions are organized and within whose framework social actions take place. This approach occupies a distinctive position at the intersection of economics, political science, and law, and constitutes an important component of interdisciplinary studies. It also provides significant insights into issues such as public finance and economic policymaking. This article therefore seeks to explain and elaborate the importance of studying this approach within legal scholarship and to clearly delineate its functions and contributions to the field of law. https://phlq.bou.ac.ir/article_79387.html This study aims to identify the ethical and functional foundations of human rights within the framework of the Eastern approach by analyzing a set of perspectives, philosophies, and intellectual traditions that have developed in the East, particularly in the Asian continent. By identifying a range of ethical foundations through thematic structuring of sociological and legal sources, the present research employs thematic analysis as one of the widely used methods in qualitative research. Detailed datasets related to the ethical and functional foundations of human rights within the Eastern approach were extracted, and key patterns were vividly identified. The findings of the study indicate that the ethical foundations of human rights in the Eastern approach are primarily grounded in ethical and religious philosophies such as Confucian philosophy, Indian philosophical traditions, Buddhism, and Islamic human rights. These foundations possess both distinctive and, at times, overlapping features, which are analytically examined in this article. At the same time, the implementation and practical realization of each of these foundations encounter various challenges, including cultural differences, the influence of governmental policies, and social and economic inequalities. The practical analysis of these foundations requires careful consideration of cultural and historical differences within the Eastern approach so that, through an understanding of such differences, the existing challenges can be effectively addressed and resolved. Human rights, as one of the fundamental concepts of the contemporary world, encompass a set of inherent, inalienable, and non-derogable rights and freedoms belonging to all human beings. These rights exist regardless of gender, religion, race, language, or nationality and are characterized by features such as inviolability, legal enforceability, protection and guarantee, universality, and inherent nature. Given that the Eastern approach to human rights embodies multidimensional perspectives shaped by culture, religious thought, history, political considerations, and social conditions across different periods, the ethical and functional foundations of human rights within this framework require careful and meticulous examination and reflection upon cultural and historical differences. Taking into account such diversity and complexity enables this approach to provide a more comprehensive and contextually appropriate interpretation of human rights. Furthermore, the distinctive orientation of the Eastern approach toward human rights—based on the aforementioned characteristics—represents a noteworthy perspective. One of its prominent features is the emphasis on community and social responsibilities. In contrast to the Western approach to human rights, which places greater emphasis on humanism and individualism, the Eastern perspective seeks to achieve a balanced outcome between the individual and the collective, thereby offering a more effective conceptual framework for the analysis of human rights. https://phlq.bou.ac.ir/article_79385.html The protection of human rights is often a central component of peace agreements and post‑conflict settlements. Human rights NGOs, which have long worked to secure such protections, are generally expected to play a primary role in ensuring the implementation of human rights obligations. However, the very landscape of political transition that creates opportunities for strengthening human rights enforcement also generates significant difficulties for domestic human rights NGOs. Following a peace agreement, patterns of conflict, existing human rights mechanisms, and the overall configuration of human rights actors undergo substantial transformation. These shifts can create challenges for NGOs in terms of mission definition, prioritization, funding, staffing, and their relationships with other groups. This article describes and analyzes the ways in which transitional contexts influence domestic human rights NGOs, drawing on examples from various countries. One major source of inefficiency within these organizations is the lack of synergy and coordination between domestic and international institutions. Many such NGOs depend heavily on foreign funding and political support; because these resources often come from external states or international bodies, political pressures and conflicting interests can undermine their independence and operational effectiveness. Another challenge stems from divergences between Islamic conceptions of human rights and the international or global interpretations embedded in universal human rights standards. Many Islamic international NGOs, particularly in Eastern and Muslim-majority societies, encounter concepts and norms that may not align with the cultural or legal understandings prevalent in their own countries. As a result, these organizations may find themselves unable to operate effectively within international frameworks, agreements, and conventions, as differing interpretations of human rights can restrict their capacity to adopt or implement global standards. Furthermore, media‑related and communication challenges significantly impede the effectiveness of these organizations. Many lack the resources required for global media engagement or for producing influential public communications. This shortage limits their ability to disseminate messages effectively at the international level. Overall, despite considerable efforts to promote and safeguard Islamic human rights, these organizations face substantial obstacles—including internal disagreements, tensions with global standards, financial constraints, legal limitations, and communication deficiencies—that hinder their ability to fully achieve their objectives. https://phlq.bou.ac.ir/article_79389.html The present study aims to examine the role of economic approaches to human rights in achieving good governance, political stability, and international security. This research is applied in terms of purpose and qualitative in nature, employing a descriptive–analytical method based on documentary and survey data. The findings indicate that, given the direct relationship between violations of economic human rights, poverty, and insecurity, attention to these approaches not only reduces human rights violations but also functions as a necessary precondition for attaining domestic and international stability. Poverty and inequality arising from the violation of economic human rights pose a serious threat to global peace and security—an issue that the United Nations Charter also underscores by emphasizing the responsibilities of states and international institutions in addressing these challenges. Improving the condition of economic human rights can reduce insecurity and strengthen good governance within a society. This improvement is among the most significant factors in reducing poverty and mitigating various forms of inequality, particularly economic inequality among individuals and social groups. Consideration of economic approaches to human rights, in addition to diminishing human rights violations, helps political leaders recognize that national stability, social calm, and the attainment of good governance are achievable through the realization of economic human rights. https://phlq.bou.ac.ir/article_79390.html The purpose of this article is to examine and critique the Western feminist approach and the dominant discourse of universal human rights in addressing the issue of Eastern women. This study seeks to demonstrate how the universalization of concepts such as freedom, equality, and emancipation often fails to align with the cultural, religious, and social contexts of Eastern societies. Emphasizing a localist approach, the possibility of integrating gender justice with the preservation of women’s cultural identity in societies such as Iran, Iraq, and Gaza is also explored. This research adopts a qualitative method, utilizing the theoretical framework of postcolonial feminism. In the conceptual section, the views of Edward Said in Orientalism, Gayatri Spivak and Chandra Mohanty in postcolonial feminism, and Samuel Huntington in the “Clash of Civilizations” theory are employed. The research method is based on critical discourse analysis and comparative studies, and, to provide a more concrete examination of the subject, three case studies on the situation of women in Iran, Iraq, and Gaza are analyzed. The findings indicate that the prevailing discourse of Western feminism often overlooks the experiences and cultural backgrounds of Eastern women, instead defining them within universalized paradigms. In some instances, this leads to the reproduction of an Orientalist perspective towards Eastern women. Furthermore, analysis of the case studies reveals the emergence of cultural resistance against imposed global models in these societies, resulting in the rise of indigenous interpretations of women’s rights, which seek to balance cultural values and demands for gender justice. According to the findings, effective realization of women’s rights in Eastern societies requires an approach attentive to cultural diversity and local contexts. Mere reliance on universal Western feminist models cannot address the cultural and social complexities of these societies. Therefore, the article emphasizes the need to reassess certain international human rights documents and discourses, to facilitate the acceptance of diverse and indigenous approaches for realizing gender justice, and to establish a balanced connection between women’s rights and the preservation of cultural identity. https://phlq.bou.ac.ir/article_77739.html The question of whether, and on what grounds, the failure to rescue others can be criminalized constitutes one of the fundamental challenges at the intersection of morality and criminal law. Can an individual be justly punished merely for refusing to provide assistance in situations where rendering aid entails no significant risk or cost? In light of rising individualism and the erosion of social bonds in modern societies, examining this question has acquired particular importance. Drawing on a utilitarian consequentialist framework and by assessing the principal arguments for and against such criminalization, this article demonstrates that imposing a legal duty to rescue as a criminal norm is morally unjustifiable and conflicts with the limiting principles of criminal law. Although failing to help others may be morally blameworthy, legally mandating assistance not only undermines the moral value of such conduct—whose worth depends on its voluntary nature—but also weakens individuals’ moral agency over time. Moreover, efforts to criminalize omissions to rescue generate the problem of indeterminate boundary‑drawing and a slippery slope, exposing society to the danger of expanding criminal liability in an unrestrained manner. Providing criminal‑law support for the moral duty to assist may ultimately erode that very duty, transforming an internal virtue into an externally imposed and meaningless requirement, for the value of a moral virtue lies in its free adoption. In this sense, the law risks becoming a weapon against morality rather than its guardian. It appears, therefore, that the position opposing criminal‑law enforcement of the duty to rescue enjoys greater argumentative strength and theoretical coherence, while simultaneously safeguarding the boundaries of criminal law against unprincipled moralistic expansion. https://phlq.bou.ac.ir/article_78107.html Discussing the origin of the legitimacy and validity of the law, as the rational justification of the people's compliance with the law, is one of the most controversial and key variables of the legal rule. This paper, by analyzing the binding principles of these rules in Islamic law by reviewing legal ideas, seeks to answer this requirement in terms of the theological foundations of the Mu'tazilites and Ash'arites, and in this way, the intellectual differences between these two workshops on the attitude toward the category:Speaking of admiration and denunciation of rational or religious. What is being questioned at the same time, is whether the rule of reason based on reality can be the source of the existence of a religious order on that subject or not? Islamic scholars have given different answers to this question, and in some cases, despite the acceptance of the provisions of the law, despite accepting the ability of reason to understand the terms of the judgments, they have not accepted the relation between the ruling of reason and the religious order. According to this view, reason has no place in the discovery of a religious order. But in the opinion of the rationalist doctrines, the human intellect can, in some cases (especially non-worship),attain the cognition of the rules of the law, and if, in the interest of compulsion or serious corruption, it is definitely recognized, the conjunction between the verdict of reason And the Shari'a rule, understand the existence of a religious order in accordance with the rational order; in general, from the point of view of Islamic law schools, whether Mo'ital and Ash'ar, human beings have the right to self-determination in terms of their scientific and moral qualifications and the probability of error. And does not have legislation unless it is granted to him. https://phlq.bou.ac.ir/article_78297.html Brecht’s play “Mother Courage and Her Children” is not merely a literary work, but a philosophical and critical document that deeply and painfully analyzes the collapse of justice and morality in the context of war. This article examines the structure of the play in seven parts, providing a detailed introduction to the conflict between natural law and legal positivism. In this analytical essay, the plot summary is first presented, followed by an analysis of the fundamental conflict between legal systems, the crisis of justice and morality, the critique of capitalism and militarism, and finally the impact of Helen Oliaeinia’s translation on the understanding of these concepts. Two new chapters are also devoted to the analysis of the concepts of human rights and humanitarian law in the play. With in-text references to key events and analyses by prominent critics, it is shown how Brecht, by creating characters such as the Mother Courage and Her Children, and Katharina, raises the fundamental question of whether law can retain its meaning when its humanity has been destroyed. The article concludes that "The Mother Courage" is a warning for all ages about the terrible consequences of lawlessness and immorality in times of crisis. Brecht’s play “Mother Courage and Her Children” is not merely a literary work, but a philosophical and critical document that deeply and painfully analyzes the collapse of justice and morality in the context of war. This article examines the structure of the play in seven parts, providing a detailed introduction to the conflict between natural law and legal positivism. In this analytical essay, the plot summary is first presented, followed by an analysis of the fundamental conflict between legal systems, the crisis of justice and morality, the critique of capitalism and militarism, and finally the impact of Helen Oliaeinia’s translation on the understanding of these concepts. Two new chapters are also devoted to the analysis of the concepts of human rights and humanitarian law in the play. With in-text references to key events and analyses by prominent critics, it is shown how Brecht, by creating characters such as the Mother Courage and Her Children, and Katharina, raises the fundamental question of whether law can retain its meaning when its humanity has been destroyed. The article concludes that "The Mother Courage" is a warning for all ages about the terrible consequences of lawlessness and immorality in times of crisis. Brecht’s play “Mother Courage and Her Children” is not merely a literary work, but a philosophical and critical document that deeply and painfully analyzes the collapse of justice and morality in the context of war. This article examines the structure of the play in seven parts, providing a detailed introduction to the conflict between natural law and legal positivism. In this analytical essay, the plot summary is first presented, followed by an analysis of the fundamental conflict between legal systems, the crisis of justice and morality, the critique of capitalism and militarism, and finally the impact of Helen Oliaeinia’s translation on the understanding of these concepts. Two new chapters are also devoted to the analysis of the concepts of human rights and humanitarian law in the play. With in-text references to key events and analyses by prominent critics, it is shown how Brecht, by creating characters such as the Mother Courage and Her Children, and Katharina, raises the fundamental question of whether law can retain its meaning when its humanity has been destroyed. The article concludes that "The Mother Courage" is a warning for all ages about the terrible consequences of lawlessness and immorality in times of crisis. Brecht’s play “Mother Courage and Her Children” is not merely a literary work, but a philosophical and critical document that deeply and painfully analyzes the collapse of justice and morality in the context of war. This article examines the structure of the play in seven parts, providing a detailed introduction to the conflict between natural law and legal positivism. In this analytical essay, the plot summary is first presented, followed by an analysis of the fundamental conflict between legal systems, the crisis of justice and morality, the critique of capitalism and militarism, and finally the impact of Helen Oliaeinia’s translation on the understanding of these concepts. Two new chapters are also devoted to the analysis of the concepts of human rights and humanitarian law in the play. With in-text references to key events and analyses by prominent critics, it is shown how Brecht, by creating characters such as the Mother Courage and Her Children, and Katharina, raises the fundamental question of whether law can retain its meaning when its humanity has been destroyed. The article concludes that "The Mother Courage" is a warning for all ages about the terrible consequences of lawlessness and immorality in times of crisis. https://phlq.bou.ac.ir/article_78334.html مکانیسم ماشه در برنامه جامع اقدام مشترک (برجام)، ابزاری حقوقی با پیامدهای عمیق سیاسی و فلسفی است که با هدف تضمین اجرای تعهدات هسته‌ای ایران طراحی شد. این مقاله با بهره‌گیری از رویکرد تحلیل اسنادی، به بررسی چارچوب قانونی این مکانیسم در برجام و قطعنامه ۲۲۳۱ شورای امنیت سازمان ملل متحد می‌پردازد. یافته‌ها نشان می‌دهد که این سازوکار در عین حال که ابزاری مؤثر برای راستی‌آزمایی و نظارت است، چالش‌های جدی برای اصول حاکمیت ملی و رویه‌های استاندارد حقوق بین‌الملل ایجاد می‌کند. در این پژوهش، به تحلیل انتقادی پیامدهای سیاسی، و همچنین ابعاد اخلاقی و فلسفی مربوط به مفاهیمی چون عدالت و اعتماد در روابط بین‌الملل پرداخته شده است.مکانیسم ماشه در برنامه جامع اقدام مشترک (برجام)، ابزاری حقوقی با پیامدهای عمیق سیاسی و فلسفی است که با هدف تضمین اجرای تعهدات هسته‌ای ایران طراحی شد. این مقاله با بهره‌گیری از رویکرد تحلیل اسنادی، به بررسی چارچوب قانونی این مکانیسم در برجام و قطعنامه ۲۲۳۱ شورای امنیت سازمان ملل متحد می‌پردازد. یافته‌ها نشان می‌دهد که این سازوکار در عین حال که ابزاری مؤثر برای راستی‌آزمایی و نظارت است، چالش‌های جدی برای اصول حاکمیت ملی و رویه‌های استاندارد حقوق بین‌الملل ایجاد می‌کند. در این پژوهش، به تحلیل انتقادی پیامدهای سیاسی، و همچنین ابعاد اخلاقی و فلسفی مربوط به مفاهیمی چون عدالت و اعتماد در روابط بین‌الملل پرداخته شده است.مکانیسم ماشه در برنامه جامع اقدام مشترک (برجام)، ابزاری حقوقی با پیامدهای عمیق سیاسی و فلسفی است که با هدف تضمین اجرای تعهدات هسته‌ای ایران طراحی شد. این مقاله با بهره‌گیری از رویکرد تحلیل اسنادی، به بررسی چارچوب قانونی این مکانیسم در برجام و قطعنامه ۲۲۳۱ شورای امنیت سازمان ملل متحد می‌پردازد. یافته‌ها نشان می‌دهد که این سازوکار در عین حال که ابزاری مؤثر برای راستی‌آزمایی و نظارت است، چالش‌های جدی برای اصول حاکمیت ملی و رویه‌های استاندارد حقوق بین‌الملل ایجاد می‌کند. در این پژوهش، به تحلیل انتقادی پیامدهای سیاسی، و همچنین ابعاد اخلاقی و فلسفی مربوط به مفاهیمی چون عدالت و اعتماد در روابط بین‌الملل پرداخته شده است.مکانیسم ماشه در برنامه جامع اقدام مشترک (برجام)، ابزاری حقوقی با پیامدهای عمیق سیاسی و فلسفی است که با هدف تضمین اجرای تعهدات هسته‌ای ایران طراحی شد. این مقاله با بهره‌گیری از رویکرد تحلیل اسنادی، به بررسی چارچوب قانونی این مکانیسم در برجام و قطعنامه ۲۲۳۱ شورای امنیت سازمان ملل متحد می‌پردازد. یافته‌ها نشان می‌دهد که این سازوکار در عین حال که ابزاری مؤثر برای راستی‌آزمایی و نظارت است، چالش‌های جدی برای اصول حاکمیت ملی و رویه‌های استاندارد حقوق بین‌الملل ایجاد می‌کند. در این پژوهش، به تحلیل انتقادی پیامدهای سیاسی، و همچنین ابعاد اخلاقی و فلسفی مربوط به مفاهیمی چون عدالت و اعتماد در روابط بین‌الملل پرداخته شده است.مکانیسم ماشه در برنامه جامع اقدام مشترک (برجام)، ابزاری حقوقی با پیامدهای عمیق سیاسی و فلسفی است که با هدف تضمین اجرای تعهدات هسته‌ای ایران طراحی شد. این مقاله با بهره‌گیری از رویکرد تحلیل اسنادی، به بررسی چارچوب قانونی این مکانیسم در برجام و قطعنامه ۲۲۳۱ شورای امنیت سازمان ملل متحد می‌پردازد. یافته‌ها نشان می‌دهد که این سازوکار در عین حال که ابزاری مؤثر برای راستی‌آزمایی و نظارت است، چالش‌های جدی برای اصول حاکمیت ملی و رویه‌های استاندارد حقوق بین‌الملل ایجاد می‌کند. در این پژوهش، به تحلیل انتقادی پیامدهای سیاسی، و همچنین ابعاد اخلاقی و فلسفی مربوط به مفاهیمی چون عدالت و اعتماد در روابط بین‌الملل پرداخته شده است.مکانیسم ماشه در برنامه جامع اقدام مشترک (برجام)، ابزاری حقوقی با پیامدهای عمیق سیاسی و فلسفی است که با هدف تضمین اجرای تعهدات هسته‌ای ایران طراحی شد. این مقاله با بهره‌گیری از رویکرد تحلیل اسنادی، به بررسی چارچوب قانونی این مکانیسم در برجام و قطعنامه ۲۲۳۱ شورای امنیت سازمان ملل متحد می‌پردازد. یافته‌ها نشان می‌دهد که این سازوکار در عین حال که ابزاری مؤثر برای راستی‌آزمایی و نظارت است، چالش‌های جدی برای اصول حاکمیت ملی و رویه‌های استاندارد حقوق بین‌الملل ایجاد می‌کند. در این پژوهش، به تحلیل انتقادی پیامدهای سیاسی، و همچنین ابعاد اخلاقی و فلسفی مربوط به مفاهیمی چون عدالت و اعتماد در روابط بین‌الملل پرداخته شده است.مکانیسم ماشه در برنامه جامع اقدام مشترک (برجام)، ابزاری حقوقی با پیامدهای عمیق سیاسی و فلسفی است که با هدف تضمین اجرای تعهدات هسته‌ای ایران طراحی شد. این مقاله با بهره‌گیری از رویکرد تحلیل اسنادی، به بررسی چارچوب قانونی این مکانیسم در برجام و قطعنامه ۲۲۳۱ شورای امنیت سازمان ملل متحد می‌پردازد. یافته‌ها نشان می‌دهد که این سازوکار در عین حال که ابزاری مؤثر برای راستی‌آزمایی و نظارت است، چالش‌های جدی برای اصول حاکمیت ملی و رویه‌های استاندارد حقوق بین‌الملل ایجاد می‌کند. در این پژوهش، به تحلیل انتقادی پیامدهای سیاسی، و همچنین ابعاد اخلاقی و فلسفی مربوط به مفاهیمی چون عدالت و اعتماد در روابط بین‌الملل پرداخته شده است. https://phlq.bou.ac.ir/article_79379.html The idea of the common good has a long history in legal and political thought, and its roots can be found in Catholic religious thoughts and teachings, including Thomas Aquinas and the classic school of natural law. Today, the pursuit of common good and benefit in the international law system has become particularly prominent in resolving the common crises and challenges of countries, and in other words, the rule of law, authority and justice, respect for human rights and universal obligations are among the common good of society. This article has been explained such view with a philosophical and legal approach and its importance and the centrality of new natural rights in the contemporary international law system. The revival of natural rights by attempting to the common future of mankind and the common heritage of man can be a suitable solution for the cooperation of countries in complying with universal obligations that are not even members of the treaty subject to this type of obligations and making such commitment and mandatory which justifies obligations in the volitional system of international law. https://phlq.bou.ac.ir/article_79380.html AbstractThe 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, https://phlq.bou.ac.ir/article_79382.html Climate change, as one of the most important problems of the present era, causes a lot of damage to the realization of human rights. Also, this phenomenon, as one of the serious concerns of the 21st century, has had many negative effects on human health and well-being. The effect of climate change on the realization of human rights can be seen both in individual rights and in collective rights. Because of their age, children are uniquely vulnerable to climate change. Climate change has affected children's health through increased air pollution, weather-related disasters, extreme heat waves, reduced water quality and quantity, food shortages, and greater exposure to toxic substances. As a result, children are more at risk of mental disorders, malnutrition, infectious diseases, allergic diseases and respiratory diseases.In other words, climate change directly or indirectly threatens the fundamental rights of children, which are protected in the Convention on the Rights of the Child, and deprives the present and future generations of their rights for survival, development, It deprives protection and participation in society. Therefore, the current environmental crises and the challenges arising from them require a dynamic interpretation of the Convention on the Rights of the Child in order to realize all the rights under the Convention for children. In this regard, the Children's Rights Committee has prepared its new public opinion No. 26, according to paragraph 2(c) of Article 24 of the Convention, focusing on the rights of children and the environment.In this interpretation, the mentioned committee adopted an approach based on the rights of the child and paid attention to the principles of human rights and the environment, the recognition of the human right to have a clean, healthy and sustainable environment, and the existing and evolving principles and obligations of international environmental rights https://phlq.bou.ac.ir/article_79383.html The process of formation of human rights has been the result of centuries of efforts of prophets, philosophers, thinkers, lawyers and elites in various fields, which ultimately led to the formulation of human rights treaties and conventions in the last two centuries and the formation of institutions and organizations. International organizations have been recognized as guardians of human rights. In practice, as we get closer to recent decades, the development of human rights has evolved in various branches, but there are still many problems and problems regarding its implementation and protection. International organizations play the most important role in the protection of human rights, which face the challenge of Analysis of the challenge of inefficiency and low efficiency of international organizations in the protection of human rights. The main question of this article is, what are the roots and causes of the challenge of effectiveness and underemployed of international organizations in the protection of human rights? The hypothesis of the article is that despite the claim of universality of human rights, in practice, historical, civilizational, cultural, religious, ideological differences, double standards, instrumental use, etc. affecting member states of organizations are the main effective causes. International organizations have been ineffective in protecting human rights. The findings of the research show that the formation of regional human rights systems such as Europe and... has reduced the inefficiency of international organizations in the protection of human rights at the regional level to some extent, and the formation of Eastern or Asian human rights systems has also It can improve the efficiency of human rights protection. The research method in this article will be descriptive-analytical by using the theoretical framework of neo-realism and library tools. https://phlq.bou.ac.ir/article_79384.html With the development of technology and the advancement of artificial intelligence in the broad dimensions of human life, we are witnessing the consequences and effects of this transformation in various branches of law, including human rights. One of these cases is artificial intelligence. In addition to overcoming physical abilities, artificial intelligence can also target human cognitive abilities by linking with biological and social sciences and deprive humans of the most important advantage of this era. As a result of this development and further overcoming of human physical and cognitive abilities, artificial intelligence can target many fundamental human rights. Therefore, in this research, studies were conducted with the aim of examining the effects of artificial intelligence on generations of human rights in order to find an appropriate solution to prevent its consequences in the field of law-writing. Considering the distinction between generations of human rights, it can be said: From the perspective of the first and second generations of human rights, we are witnessing the effects of artificial intelligence on the right to life and security of man before the courts, the right to freedom, the right to equality and non-discrimination, the right to political participation and self-determination. In the second generation, we are witnessing the rights of the people, the right to work, which is a significant challenge, the right to health, education and marriage, and the third generation, the right to development, the right to peace, and finally, the fourth generation of human rights is about rights related to the digital world. By supporting fundamental rights, we need to plan and write laws in the domestic and international arenas so that we can prevent its adverse consequences. https://phlq.bou.ac.ir/article_79386.html War and its destructive effects have always been a dark shadow over humanity, but despite all the efforts made, a world without war has never been achieved. Preventing crimes against humanity and preventing conflicts and wars are among the most important goals of international criminal law and human rights. This article analyzes the role of human rights mechanisms in preventing the occurrence of wars and widespread crimes against civilians, with emphasis on Islamic and Asian frameworks, and examines the function of international institutions, especially the International Criminal Court, in administering justice and reducing conflicts and wars. The Rome Statute, as one of the most important legal instruments in this field, has provided the necessary legal framework for prosecuting and punishing perpetrators of crimes against humanity. However, this article tries to examine various challenges such as jurisdictional limitations, political pressures, and lack of cooperation of some states in implementing international obligations. Also, the principle of non-refoulement, which is one of the key preventive tools in human rights, is analyzed in this research. In addition, the role of human rights diplomacy, global and international cooperation, and the implementation of international criminal justice in deterring war and crimes against humanity, as well as in strengthening Eastern and Islamic human rights principles, has been specifically examined and assessed. The findings of this study indicate that strengthening the jurisdiction of the International Criminal Court, increasing the obligations of states in the implementation of criminal justice, and developing international monitoring institutions are key and important measures in preventing crimes against humanity and reducing armed tensions at the global level. https://phlq.bou.ac.ir/article_79388.html Undoubtedly, the concept of legitimacy in the Islamic political system faces numerous challenges; however, a deep understanding of the role of the people and divine criteria in this system still requires further examination and analysis. In this article, we aim to conduct a comparative study of the Supreme Leader's views on legitimacy and the role of the people within his political thought, in relation to the modern democratic approach. The goal of this writing is to elucidate and analyze the position of the people's election and religious criteria in the legitimacy of government. By employing a library research method and descriptive analysis, it has been established that, in the political thought of the Supreme Leader, although sovereignty fundamentally belongs to God, in situations where the establishment of a direct government by the infallible (peace be upon him) is not possible, such as during the occultation, and even during the presence of the infallible—specifically when divine appointment has not been implemented through the people, as in the era of the governance of Amir al-Mu'minin (peace be upon him)—there remains only one path: the choice of the people. Nevertheless, this choice must be made based on divine criteria and standards in order to hold validity. Therefore, the acceptance of the people is one of the foundational elements of government legitimacy, both in the era of the occultation of the infallible and in the era of the presence of the infallible when divine appointment is not typically upheld. Based on the findings of this writing, it became clear that the role of the people in determining leadership, through the Assembly of Experts, with an emphasis on equal rights for all layers of society, is considered one of the fundamental principles of this system. https://phlq.bou.ac.ir/article_79391.html در دهه‌های اخیر و پس از تصویب برنامۀ مدیریت شهری در سازمان ملل متحد، اتخاذ رویکرد دوستداری در مدیریت شهری به یکی از استراتژی‌های رسیدن به شهر پایدار تبدیل شد. یکی از این رویکردها شهر دوستدار خانواده است که به واسطۀ آن مدیران شهری سعی در اجرای برنامه‌هایی برای حمایت از خانواده‌ دارند. هرچند در ظاهر این برنامه‌ها برای حمایت از خانواده‌ اجرا می‌شوند، اما در لایه‌های عمیق‌تر بدلیل وجود برخی مؤلفه‌های اجتناب ناپذیر در مدیریت شهریِ توسعه‌گرا و وجود تعریف لیبرال از مفاهیمی مانند خانواده و شهر، مدیریت شهری مبتنی بر سند توسعۀ پایدار، آسیب‌هایی به خانواده وارد میکند. بدیهی است اتخاذ سیاست‌های مدیریت شهری در فرهنگ شرقی با جهان‌بینی متفاوت تا چه اندازه می‌تواند نادرست باشد. پژوهش حاضر با رویکردی آسیب‌شناسانه به برنامه‌های مدیریت شهری توسعه‌گرا، با روش توصیفی-تحلیلی و با استفاده از داده‌های موجود در منابع اسنادی به ژرفکاوی این پرسش می‌پردازد که مدیریت شهری دوستدار خانواده بر مبنای حقوق بشر غربی، در لایه‌های عمیق‌تر چه آسیب‌هایی به خانواده وارد می‌کند؟ پس از تبیین مفاهیمی همچون شهر، خانواده، حقوق شهری و... در ادبیات توسعه و حقوق بشر شرقی، آسیبهایی را که مدیریت شهری توسعه‌گرا با وجود دوستداری خانواده، به خانواده وارد می‌کند شناسایی شد. یافته‌ها نشان می‌دهد سلطه‌گری و منفعل‌کردن خانواده به بهانۀ تضمین ثبات اجتماعی، مصرف گرایی و کاهش مقاومت خانواده، ارزشمندشدن هویت‌های فردیت یافته، کالایی شدن کیفیت زندگی شهری و آسیب به خانواده‌های کم‌برخوردار، کاهش تمایل خانواده به مشارکت اجتماعی و ناتوانی او در انتقال ارزش‌های محلی و ملی از مهمترین این آسیب‌ها هستند.واژگان کلیدی: شهر، مدیریت شهری، خانواده، مدیریت شهری دوستدار خانواده، حقوق بشر، شرق فرهنگی https://phlq.bou.ac.ir/article_79392.html This article examines Harper Lee's novel "To Kill a Mockingbird" from the perspective of human rights and fundamental human rights, analyzing its enduring relevance in understanding issues related to racial injustice, prejudice, and the right to a fair trial. By examining the experiences of Tom Robinson, the moral stance of the Finch family (the novel's protagonist), and the social context of the American South during the Jim Crow laws, this research highlights violations of fundamental human rights, including the right to equality, dignity, and due process of law. Furthermore, it considers how the novel portrays the role of empathy, courage, moral integrity, and the development of awareness regarding human rights and their observance, particularly from the viewpoint of Scout Finch. Ultimately, this analysis emphasizes the power of "To Kill a Mockingbird" as a literary work that continues to fuel critical thinking about the ongoing struggle for the realization of human rights and social justice.This article examines Harper Lee's novel "To Kill a Mockingbird" from the perspective of human rights and fundamental human rights, analyzing its enduring relevance in understanding issues related to racial injustice, prejudice, and the right to a fair trial. By examining the experiences of Tom Robinson, the moral stance of the Finch family (the novel's protagonist), and the social context of the American South during the Jim Crow laws, this research highlights violations of fundamental human rights, including the right to equality, dignity, and due process of law. Furthermore, it considers how the novel portrays the role of empathy, courage, moral integrity, and development of awareness regarding human rights and their observance, particularly from the Scout view. Ultimately, it analysis emphasizes the power of "To Kill a Mockingbird" as literary work that continues to fuel critical thinking about struggle for the realization of rights and social justice. https://phlq.bou.ac.ir/article_79396.html This article, titled "De-Ethicizing the Crime of Compassion: A Criminological–Philosophical Analysis of Non-Voluntary Infant Euthanasia with a Focus on the Leonard Arthur Case", investigates the morally complex and legally controversial phenomenon of non-voluntary euthanasia of infants—cases in which life is intentionally ended for newborns who are unable to make decisions due to profound congenital disabilities or irreversible medical conditions. Drawing upon the intersection of legal philosophy, bioethics, and critical criminology, this study offers a multidimensional analysis of compassionate killing beyond classical moral and legal binaries.The focal point of the article is the 1981 trial of British physician Dr. Leonard Arthur, who was accused of the deliberate termination of a severely disabled infant’s life. Initially charged with murder and later with attempted murder, Dr. Arthur was eventually acquitted. His case ignited intense public and scholarly debate, revealing deeper questions about the nature of intention, suffering, dignity, and legal culpability in end-of-life decisions.Employing a theoretical–analytical methodology, the article draws from philosophical arguments, medical ethics literature, legal documents, and criminological theories. It is structured into five sections: theoretical foundations, philosophical debates on mercy killing, criminological perspectives on deviance and responsibility, an in-depth analysis of the Arthur case, and a concluding critical synthesis.Findings indicate that the legal system lacks adequate tools to capture the ethical ambiguity of non-voluntary euthanasia. Traditional criminal law fails to address the fluid boundary between killing and compassion, often ignoring the lived realities of caregivers and medical professionals. The article calls for a normative reconstruction of criminal responsibility in light of human dignity and moral complexity. It advocates for an interdisciplinary criminology that resists reductive legalism and incorporates contextual, ethical, and social dimensions in analyzing such morally charged acts. https://phlq.bou.ac.ir/article_79397.html This article explores the intricate and profound connection between English literature and legal philosophy. This research argues that throughout its history, English literature has not only served as a mirror reflecting legal concepts and developments but has also actively participated in shaping, critiquing, and re-evaluating fundamental ideas of justice, sovereignty, individual rights, and the legitimacy of law. Employing an interdisciplinary approach, this article analyzes selected literary texts from various periods, from Anglo-Saxon to the contemporary era, to demonstrate how prominent authors, through narratives, characters, and ethical dilemmas, have enriched our understanding of the nature of law and its place in society. The findings of this study highlight the importance of literature as a rich repository for legal philosophy research and illustrate its potential to offer innovative insights into perennial and contemporary legal challenges.Keywords: Legal Philosophy, English Literature, Justice, Sovereignty, Natural Rights, Positive Law, Legal Criticism, Interdisciplinary Studies.Keywords: Legal Philosophy, English Literature, Justice, Sovereignty, Natural Rights, Positive Law, Legal Criticism, Interdisciplinary Studies.Keywords: Legal Philosophy, English Literature, Justice, Sovereignty, Natural Rights, Positive Law, Legal Criticism, Interdisciplinary Studies.Keywords: Legal Philosophy, English Literature, Justice, Sovereignty, Natural Rights, Positive Law, Legal Criticism, Interdisciplinary Studies.Keywords: Legal Philosophy, English Literature, Justice, Sovereignty, Natural Rights, Positive Law, Legal Criticism, Interdisciplinary Studies.Keywords: Legal Philosophy, English Literature, Justice, Sovereignty, Natural Rights, Positive Law, Legal Criticism, Interdisciplinary Studies.Keywords: Legal Philosophy, English Literature, Justice, Sovereignty, Natural Rights, Positive Law, Legal Criticism, Interdisciplinary Studies.Keywords: Legal Philosophy, English Literature, Justice, Sovereignty, Natural Rights, Positive Law, Legal Criticism, Interdisciplinary Studies.Keywords: Legal Philosophy, English Literature, Justice, Sovereignty, Natural Rights, Positive Law, Legal Criticism, Interdisciplinary Studies. https://phlq.bou.ac.ir/article_79398.html Abstract: The traditional edifice of international human rights law, conceived in aftermath of monumental human suffering, is predominantly a reactive structure, designed to protect, redress, and punish after violations occur. Yet, the breathtaking ascent of predictive analytics and sophisticated artificial intelligence (AI) is fundamentally altering our relationship with causality, agency, and the future. This article posits the urgent necessity of a nascent philosophical framework: "Pre-emptive Human Rights." It argues that the burgeoning capacity for algorithmic foreknowledge—the ability to statistically predict individual behaviors, societal trends, and future harms—demands a radical re-evaluation of state obligations, moving beyond reactive duties to encompass a proactive, yet ethically fraught, imperative to anticipate and mitigate human rights infringements before they materialize. While acknowledging the profound potential for novel forms of oppression and the erosion of autonomy, this philosophy seeks to delineate the parameters for leveraging predictive insights responsibly, urging the international community to construct an unforeseen architecture of rights for an increasingly foreseen world.Abstract: The traditional edifice of international human rights law, conceived in aftermath of monumental human suffering, is predominantly a reactive structure, designed to protect, redress, and punish after violations occur. Yet, the breathtaking ascent of predictive analytics and sophisticated artificial intelligence (AI) is fundamentally altering our relationship with causality, agency, and the future. This article posits the urgent necessity of a nascent philosophical framework: "Pre-emptive Human Rights." It argues that the burgeoning capacity for algorithmic foreknowledge—the ability to statistically predict individual behaviors, societal trends, and future harms—demands a radical re-evaluation of state obligations, moving beyond reactive duties to encompass a proactive, yet ethically fraught, imperative to anticipate and mitigate human rights infringements before they materialize. While acknowledging the profound potential for novel forms of oppression and the erosion of autonomy, this philosophy seeks to delineate the parameters for leveraging predictive insights responsibly, urging https://phlq.bou.ac.ir/article_79400.html In this thesis, I explore the profound implications of digital transformation on criminal offenses from a criminal justice perspective. My core argument posits that digital transformation has significantly altered the landscape of criminal activities, creating new opportunities for crimes such as cybercrime while simultaneously presenting unique challenges for law enforcement agencies. I define key components of digital transformation, including big data, artificial intelligence, and the Internet of Things, and discuss their historical evolution and integration into the criminal justice system. Through an examination of various forms of cybercrime and the digital facilitation of traditional crimes, I illustrate the increasing complexity of criminal activities in the digital age. Furthermore, I analyze the technological tools available for law enforcement, addressing their effectiveness and the accompanying challenges, such as privacy concerns and resource limitations. I also consider the implications for criminal justice policy, including the need for legal adaptations and ethical considerations. Finally, I discuss future trends in digital transformation, identifying gaps in current research and proposing areas for further exploration in the interplay between technology and crime.digital transformation brings both prospects and challenges for the criminal justice system, significantly altering the nature of criminal activities. Future predictions suggest an increase in the complexity of criminal behaviors, fueled by advancements in AI, IoT, and blockchain technology. Although existing studies offer important insights, there are still major gaps in our comprehension of the full ramifications of digital technologies on crime. By concentrating on interdisciplinary research, predictive policing, digital forensics, and ethical issues, researchers can create a more effective and responsible strategy for crime prevention in this digital era https://phlq.bou.ac.ir/article_79401.html AbstractThe widespread and forced displacement of the population in the Gaza Strip is a humanitarian catastrophe with profound legal, ethical, and philosophical dimensions. This article examines this phenomenon from two main perspectives. First, it provides a legal analysis within the framework of a crime against humanity, based on the Rome Statute of the International Criminal Court (ICC) and international humanitarian law. This section will meticulously analyze the legal elements of the crime, including coercion, systematicity, and scale, as they relate to the actions carried out in Gaza. Second, it offers a philosophical analysis focusing on fundamental moral concepts, individual and collective moral responsibility, and, in particular, Immanuel Kant's theory of deontology and the moral duty of the international community. Drawing on reports from international bodies and legal opinions, this analysis highlights the necessary evidence for prosecuting these crimes and underscores the importance of addressing the issue from both perspectives.AbstractThe widespread and forced displacement of the population in the Gaza Strip is a humanitarian catastrophe with profound legal, ethical, and philosophical dimensions. This article examines this phenomenon from two main perspectives. First, it provides a legal analysis within the framework of a crime against humanity, based on the Rome Statute of the International Criminal Court (ICC) and international humanitarian law. This section will meticulously analyze the legal elements of the crime, including coercion, systematicity, and scale, as they relate to the actions carried out in Gaza. Second, it offers a philosophical analysis focusing on fundamental moral concepts, individual and collective moral responsibility, and, in particular, Immanuel Kant's theory of deontology and the moral duty of the international community. Drawing on reports from international bodies and legal opinions, this analysis highlights the necessary evidence for prosecuting these crimes and underscores the importance of addressing the issue from both perspectives.AbstractThe widespread and forced displacement of the population in the Gaza Strip is a humanitarian catastrophe with profound legal, ethical, and philosophical dimensions. This article examines this phenomenon from two main perspectives. First, it provides a legal analysis within the framework of a crime against humanity, based on the Rome Statute of the International Criminal Court (ICC) and international humanitarian law. This section will meticulously analyze the legal elements of the crime, including coercion, systematicity, and scale, as they relate to the actions carried out in Gaza. Second, it offers a philosophical analysis focusing on fundamental moral concepts, individual and collective moral responsibility, and, in particular, Immanuel Kant's theory of deontology and the moral duty of the international community. Drawing on reports from international bodies and legal opinions, this analysis highlights the necessary evidence for prosecuting these crimes and underscores the importance of addressing the issue from both perspectives.AbstractThe widespread and forced displacement of the population in the Gaza Strip is a humanitarian catastrophe with profound legal, ethical, and philosophical dimensions. This article examines this phenomenon from two main perspectives. First, it provides a legal analysis within the framework of a crime against humanity, based on the Rome Statute of the International Criminal Court (ICC) and international humanitarian law. This section will meticulously analyze the legal elements of the crime, including coercion, systematicity, and scale, as they relate to the actions carried out in Gaza. Second, it offers a philosophical analysis focusing on fundamental moral concepts, individual and collective moral responsibility, and, in particular, Immanuel Kant's theory of deontology and the moral duty of the international community. Drawing on reports from international bodies and legal opinions, this analysis highlights the necessary evidence for prosecuting these crimes and underscores the importance of addressing the issue from both perspectives.AbstractThe widespread and forced displacement of the population in the Gaza Strip is a humanitarian catastrophe with profound legal, ethical, and philosophical dimensions. This article examines this phenomenon from two main perspectives. First, it provides a legal analysis within the framework of a crime against humanity, based on the Rome Statute of the International Criminal Court (ICC) and international humanitarian law. This section will meticulously analyze the legal elements of the crime, including coercion, systematicity, and scale, as they relate to the actions carried out in Gaza. Second, it offers a philosophical analysis focusing on fundamental moral concepts, individual and collective moral responsibility, and, in particular, Immanuel Kant's theory of deontology and the moral duty of the international community. Drawing on reports from international bodies and legal opinions, this analysis highlights the necessary evidence for prosecuting these crimes and underscores the importance of addressing the issue from both perspectives.AbstractThe widespread and forced displacement of the population in the Gaza Strip is a humanitarian catastrophe with profound legal, ethical, and philosophical dimensions. This article examines this phenomenon from two main perspectives. First, it provides a legal analysis within the framework of a crime against humanity, based on the Rome Statute of the International Criminal Court (ICC) and international humanitarian law. This section will meticulously analyze the legal elements of the crime, including coercion, systematicity, and scale, as they relate to the actions carried out in Gaza. Second, it offers a philosophical analysis focusing on fundamental moral concepts, individual and collective moral responsibility, and, in particular, Immanuel Kant's theory of deontology and the moral duty of the international community. Drawing on reports from international bodies and legal opinions, this analysis highlights the necessary evidence for prosecuting these crimes and underscores the importance of addressing the issue from both perspectives.