Analyze the theoretical-philosophical foundations of the theory of

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ASLANI FIROUZ; sajadi sajad

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Journal Paper

Paper Information

Journal: LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY) Year:2020 | Volume:12 | Issue:3 Page(s): 1-28

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Title

Analyze the theoretical-philosophical foundations of the theory of "self-limitation of power" and examine the relationship between government and law

Author(s)

ASLANI FIROUZ | sajadi sajad | Issue Writer Certificate

Keywords

self-limitation

government

Law

Police

Romanticism

School of Historical Law

Hegel

Abstract

In the nineteenth century, some German thinkers such as Jellinek and Ihering, under the influence of the philosophy of thinkers such as Aristotle and Hegel, and with Savini's romantic view, established the theory of the self-limitation of power. According to this theory, the state limits itself at will. According to this view, the state, and consequently those rights, arise from the heart of society as historical products. In addition to social and cultural conditions, using psychological concepts, self-limitation was also described as a kind of "self-commitment. " Therefore, the concept of government and its role in the establishment of rights, as well as its will to limit its power, is very different from what is stated in the theory of social contract and the school of Law.

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APA: Copy

ASLANI, FIROUZ, & sajadi, sajad. (2020). Analyze the theoretical-philosophical foundations of the theory of "self-limitation of power" and examine the relationship between government and law. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), 12(3 ), 1-28. SID. https://sid.ir/paper/1052989/en

Vancouver: Copy

ASLANI FIROUZ, sajadi sajad. Analyze the theoretical-philosophical foundations of the theory of "self-limitation of power" and examine the relationship between government and law. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)[Internet]. 2020;12(3 ):1-28. Available from: https://sid.ir/paper/1052989/en

IEEE: Copy

FIROUZ ASLANI, and sajad sajadi, “Analyze the theoretical-philosophical foundations of the theory of "self-limitation of power" and examine the relationship between government and law,” LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), vol. 12, no. 3 , pp. 1–28, 2020, [Online]. Available: https://sid.ir/paper/1052989/en

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