NAMEH-YE-MOFID
Year:2005 | Volume:10 | Issue:6 (46 LAW)|Papers Count:9

The idea that human beings possess fundamental rights to be respected and observed by all is in fact a human-intuitive response to oppressive acts experienced by man rather than a product of theorizing. It must, however, be borne in mind that advocating fundamental rights without supporting arguments is quite vulnerable in the face of denial and abuse by those in power. Therefore, understanding the nature of human tights helps clarifying the specific rights, the extent of available protection, the nature of derogations and exceptions or priority and hierarchy among the rights. Why and on what basis some rights must be respected as due obligations beyond political and ideological differences and notwithstanding the legislative will nor the power of the ruling majority? Different answers are, and may be, given to this question. This article tries to find the roots of faith in fundamental human rights in the very dignity of human being.

A law can remain in force for a considerable period of time if it, besides having roots in social realities, is based on cultural and religious principles of the society. Employing the new scientific discoveries for the resolution of legal problems should accord with human nature and socially accepted values. Genetic discoveries in recent years and their effects on human life have stimulated lawyers and Islamic jurists to examine these discoveries and look for the relevant legal solutions. The Iranian Law of "How to Grant Embryo to Infertile Spouses", 2002, was the first legal step in Iran to resolve the problem of infertile spouses through nurturing the embryo inseminated outside the womb. Nevertheless this law has failed to deal with the various aspects and legal consequences of the issue. This paper examines the juristic basis of the above Act under Islamic law and aims to obliterate the ambiguities existing in the Law by referring to the relevant judicial decisions.

This article reviews the content of the International Declaration on human Genetic Data and explains the most important moral and legal concerns arising from genetic research and interference. The article also analyzes the declared framework in the Declaration for genetic information and interference and deals with principles such as consent, non-discrimination, confidentiality and privacy, as general guiding principles in the field of human genetic data. The author offers some general solutions for formulating Islamic doctrines in the field of human genetic data and considers the general approach of the Declaration as compatible with Islamic thought.

One of the important issues in legal systems is whether the laws are ends in themselves or instruments for the judge: is the judge’s duty to apply the laws irrespective of their (moral, economic, political, religious and legal) content and value and regardless of their consequences? Or should he consider these in deciding the cases? There are proponents of each the two variants among jurists and legal schools of thought. The article examines the answers given to the question.

Alternative dispute resolution refers to the means which substitute adjudication and aim at mediating and speedy resolution of the disputes by third parties. While being various, these means and methods all depend on the consent of the parties and their results are often not binding. Arbitration, conciliation, mediation, negotiation, good offices, summary proceedings, impartial assessment, and combined ADR are among the most important of these methods. ADR has a long history and despite the development of modem state and justice continues to exist and constitutes a large portion of national laws and international conventions. Low cost, speed, confidentiality, flexibility, expertise and impartiality are the advantages of ADR. On the other hand, nonbinding character of the outcome of ADR for the parties, nonjusticeability of some disputes by ADR and amenability to political influence of certain methods of ADR are the disadvantages. Despite the long history of ADR in Iranian law and the existence of legal provisions, it has received less welcome than recourse to judicial means.

The labor theory is one of the important theories presented by John Locke. According to this theory everyone has property in his own person, and his labor belongs to him. Whenever a person mixes his labor with some thing in the commons, he thereby makes it his property. Although this theory is developed to justify property in general, it has played a role in constituting the legal system of intellectual property. The theory may be used in justifying some rules and doctrines of intellectual property.

The labor theory is one of the important theories presented by John Locke. According to this theory everyone has property in his own person, and his labor belongs to him. Whenever a person mixes his labor with some thing in the commons, he thereby makes it his property. Although this theory is developed to justify property in general, it has played a role in constituting the legal system of intellectual property. The theory may be used in justifying some rules and doctrines of intellectual property.