RULE OF LAW OR RULE OF JUDGE

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

NASSIRAN NJAF ABADI DAVOUD

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: PRIVATE LAW STUDIES Year:2011 | Volume:41 | Issue:3 Page(s): 315-333

Download Full-Text

Persian Verion

View:

1,594

Download:

Cites:

Information Journal Paper

Title

RULE OF LAW OR RULE OF JUDGE

Author(s)

NASSIRAN NJAF ABADI DAVOUD | Issue Writer Certificate

Keywords

POLITICAL VALUESQ2

INDETERMINACY OF LAWQ2

LEGAL POSITIVISMQ2

CONVENTIONALISMQ2

PRAGMATISMQ2

INTERPRETIVISMQ2

INTEGRITYQ2

Abstract

As a result of rule of law ideal, judges are required to act in accordance with laws. The ideal is justified by some POLITICAL VALUES: political liberty, legal liberty, personal liberty and equality. Citizens are subject only to the law not to the arbitrary will or judgment of another who wields coercive government power. But in some cases law is indeterminate. In these cases there is an important question: how can the law command when the law books are silent or unclear or ambiguous? There are three theory in jurisprudence: LEGAL POSITIVISM, legal PRAGMATISM and legal INTERPRETIVISM. I reject positivism and PRAGMATISM and urge INTERPRETIVISM. I believe that it provides a better account of our law.

Cites

No record.

References

FORMALISM IN JUDICIAL REASONING

Cite

APA: Copy

NASSIRAN NJAF ABADI, DAVOUD. (2011). RULE OF LAW OR RULE OF JUDGE. PRIVATE LAW STUDIES, 41(3), 315-333. SID. https://sid.ir/paper/125023/en

Vancouver: Copy

NASSIRAN NJAF ABADI DAVOUD. RULE OF LAW OR RULE OF JUDGE. PRIVATE LAW STUDIES[Internet]. 2011;41(3):315-333. Available from: https://sid.ir/paper/125023/en

IEEE: Copy

DAVOUD NASSIRAN NJAF ABADI, “RULE OF LAW OR RULE OF JUDGE,” PRIVATE LAW STUDIES, vol. 41, no. 3, pp. 315–333, 2011, [Online]. Available: https://sid.ir/paper/125023/en

Related Journal Papers