THE HISTORY OF REDUCING THE CONCEPT OF RIGHT FROM JUSTICE TO OWNERSHIP

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JAFARI TABAR H.

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Journal: PRIVATE LAW STUDIES Year:2006 | Volume:- | Issue:72 Page(s): 85-121

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Title

THE HISTORY OF REDUCING THE CONCEPT OF RIGHT FROM JUSTICE TO OWNERSHIP

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JAFARI TABAR H. | Issue Writer Certificate

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Abstract

This essay recognizes three historical concepts for hagh (=right):1. Right as truth and justice: There is no difference Here between theoretical and practical reasoning and everything which is beautiful or corresponds to the reality is "right" . The good or beautiful act is exactly a priori (=natural = human) rights. This concept of right is not born by the will of governmental authorities.2. Right as power and profit: according to this concept, arising from the authority of the state, the right is a privilege rather than right, and the authority may decide to abate this right as he has already decided to give this privilege to the citizens.3. Right as property: the concept of right has gradually been reduced to the most obvious meaning of profit which is the private property. We can trace this concept in the theories of John Lock and Robert Nozick who define justice somehow by ownership, and the theory of traditional Islamic jurisprudence which introduces the right as a weak level of the ownership.

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APA: Copy

JAFARI TABAR, H.. (2006). THE HISTORY OF REDUCING THE CONCEPT OF RIGHT FROM JUSTICE TO OWNERSHIP. PRIVATE LAW STUDIES, -(72), 85-121. SID. https://sid.ir/paper/124981/en

Vancouver: Copy

JAFARI TABAR H.. THE HISTORY OF REDUCING THE CONCEPT OF RIGHT FROM JUSTICE TO OWNERSHIP. PRIVATE LAW STUDIES[Internet]. 2006;-(72):85-121. Available from: https://sid.ir/paper/124981/en

IEEE: Copy

H. JAFARI TABAR, “THE HISTORY OF REDUCING THE CONCEPT OF RIGHT FROM JUSTICE TO OWNERSHIP,” PRIVATE LAW STUDIES, vol. -, no. 72, pp. 85–121, 2006, [Online]. Available: https://sid.ir/paper/124981/en

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