NAMEH-YE-MOFID
Year:2000 | Volume:6 | Issue:2 (22)|Papers Count:9

One of the most important discussions on the methodology of economics is that whether this field of study is a scientific or not. From the time when possessing formulations like Phisycs and Mathematics became the criterion of being scientific, the question that whether social science (namely economics) is scientific or not, was much spread. The present article written by "Alexander Rozenberg" the Austrian distinguished researcher and professor at economics, is of basic discourses on the methodology of economics that has deliberated some aspects of this issue. Now, translation of it according to one of the authentetic publications is dedicated to the respectable readers.

Indivisibility of confession rule has been accepted by virtue of Article 1282 of Iranian civil code as a principal at the Iranian law and has has been applied by the courts. It is one of the argumentative Subjects that at this research its various chapters have been sufficiently studied. The question is that: can the beneficiary of a confession divide the defendant's confession and only accept some parts that are for him and for the parts that are against him ask a proof or he has not such option and he should accept all of it or dispense with it totally and establish his claim by another proof other than confession? At this respect, also, another question is that whether the indivisibility of confession rule is applicable in all kinds, or its application scope is limited to a special kind called "confession and avoidance". In this article, we support the indivisibility of confession theory as an exceptable rule in Iranian law.

It is pupular at the jurisprudence that the price in a sale should be definite and both parties should be aware of it when they come to conclude an agreement for sale, otherwise the sale would be invalid. On the contrary, some believe that at least in some cases a sort of ignorance to the price is not a cause of invalidity. In the present article, it has been established that to agree on the way of specification of the price is like the specification of the price itself sufficent for a sale to be valid. In other word "specification of a mechanism for specification of the price is a kind of specification the price." This article, firstly, deliberates reasons for necessity of a definite price-as a condition of validity-then presents the reasons for the theory which suggest that ability to determine the price is enough.

Political crime is one of the subjects that at the Islamic Republic of Iran constitutjon has been specially into consideration and in order to counter with it, a lenience regime has been adopted. But, although the constitution enjoins the legislature to fix the limits, conditions and relative subject of the political crime, until now no law has been ratified even some measures at this matter have been taken recently. So to pave the way for ratification of a comprehensive and perfect law, at the present article the definition of the political crime from the various view points in addition to the proposal definition and kinds of it have been discussed. Finally, crimes that have political nature (like crimes against foreign security) but have been excluded from the lenience regime are proposed.

Due to the great efforts undertaken mainly by the United Nations during the past half-century or so, there is a huge amount of positive rules in the field of human rights incorporated into the main body of International law which claim a universal observance and compliance thereto. Therefore examining philosophic foundations of such a concept might appear unnecessary and controversy-provoking. But the "sole object" of this article is to give a brief account of major old and new approaches to the issue and thereby implying that, not withstanding possible or even actual abuses on the concept, it is deeply rooted in the intellectual heritage of mankind and firmly supported by quite diverse religions and secular schools of thought. The theories dealt with include the following: religious, natural, positive, utilitarian, Marxist, policy oriented, justice, human dignity, relativism and universalism.

According to Sadroddin Ghonavi like other mistics and even jurists any legal command is enacted for a reason, and the sage legislature has established prohibitions and permissions or ordinances and bans for one or more causes. Every command contains a benefit or the removal of loss for an individual or the society. But, beside these causes, there are some mysteries in the divine commands which are beyond gaining a benefit or the removal of loss. This article is an attempt to present a kind of Islamic thought about some of the mysteries of divine commands so it my be included in the subjects of philosophy of law in its  general concept. Howerer this kind of thought which is a mystical approach to law is different from the common philosophy of law. But anyhow this article can be entitled "divine law and mystics" or "law and mystics" or "the mysteries of divine commands".

In this article, firstly the conception of "Existence" from the time of Plato until Thomas Aquinas has chronologically been considered. Meanwhile, Heidegger's thoughts in this field are refered to in order to clarify this subject, for readers, from beginning of  the history of philosophy to our time. Then, we will deliberate the Thomas Aquinas thought about "Existence" and "Essence" at length. Thomas poses many objections to Ibn-e-sina's word that "Existence" occurs on "Essence"? These objections are presented, then it is said that the mentioned objections on Ibn-e-sina is due to the misinterpretation of Ibn-e-sina's word that its accurate interpretation is very close to what the followers of Hekmat-e-Motaliyah School have expressed by this word that: Existence is something which occures to essence. Conceptually, while they are unified by identity.

Mohammad Abdoh was an Egyption reformist thinker and he was seyed jamal Asad abady's student. He tried with regard to the circumstances of time. He believed that domestic autocracy and foreign colonization are the most important factors for Muslems decline. From his view point religion and wisdom are harmonious and the issue of stable and variable and searching character of Ijtehad is a factor of progress for Muslems. He thought that there is a deep relation between Religion and politic and he was planning to correct the Ottoman Empire. From his viewpoint according to the council (showra) principle, sort of government is left to the people, and the chalif should not directly interfere with these subjects. As Abdoh's political thought is depended on his theological viewpoints, this article deals with his theological-political thought.