"GOOD MORALS" AND "PUBLIC ORDER" AS SOURCE OF LAW PRINCIPLES AND RULES; A STUDY ON HOW TO TRANSIT FROM THE NEGATIVE FUNCTION OF LEGAL INSTITUTIONS TO THE POSITIVE ONE

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Author(s)

SHAHABI MAHDI | Shahidi Negar | Issue Writer Certificate

Keywords

Good MoralsQ1

Public OrderQ2

Basis of Law RuleQ1

Source of Law RuleQ1

Legal InstitutionsQ1

Abstract

"Good Morals" and "Public Order" should be regarded as the source of the rule of law and legal propositions so that they have not only a negative role, but also have a positive function. These two sources like other sources are affected by the basis of rules validity in legal system as far as pluralism in legal basis results in different types of "Good Morals" and "Public Order". Defining the type of hierarchical relationship between "Public Order" and "Good Morals" also depend on the type of hierarchical relationship in the foundations of legal rules validity; so that we can say in Iranian legal system, "religious Good Morals" and "religious Public Order" have credit priority. The difference between "Good Morals" and "Public Order" is not a kind of substantive one, but also is phasic. "Public Order" is statutory and legal propositions derived from "Good Morals" are non-statutory. In other words, "Good Morals" is a reminiscent of the duality of rights and the law.

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Cite

APA: Copy

SHAHABI, MAHDI, & Shahidi, Negar. (2018). "GOOD MORALS" AND "PUBLIC ORDER" AS SOURCE OF LAW PRINCIPLES AND RULES; A STUDY ON HOW TO TRANSIT FROM THE NEGATIVE FUNCTION OF LEGAL INSTITUTIONS TO THE POSITIVE ONE. PRIVATE LAW STUDIES, 48(3 ), 511-528. SID. https://sid.ir/paper/124653/en

Vancouver: Copy

SHAHABI MAHDI, Shahidi Negar. "GOOD MORALS" AND "PUBLIC ORDER" AS SOURCE OF LAW PRINCIPLES AND RULES; A STUDY ON HOW TO TRANSIT FROM THE NEGATIVE FUNCTION OF LEGAL INSTITUTIONS TO THE POSITIVE ONE. PRIVATE LAW STUDIES[Internet]. 2018;48(3 ):511-528. Available from: https://sid.ir/paper/124653/en

IEEE: Copy

MAHDI SHAHABI, and Negar Shahidi, “"GOOD MORALS" AND "PUBLIC ORDER" AS SOURCE OF LAW PRINCIPLES AND RULES; A STUDY ON HOW TO TRANSIT FROM THE NEGATIVE FUNCTION OF LEGAL INSTITUTIONS TO THE POSITIVE ONE,” PRIVATE LAW STUDIES, vol. 48, no. 3 , pp. 511–528, 2018, [Online]. Available: https://sid.ir/paper/124653/en

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