The Spirit of Law in the Legal System of Iran

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MEHRPOUR HOSSIEN; Safari Sajad

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2018 | Volume:82 | Issue:103 Page(s): 201-218

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Information Journal Paper

Title

The Spirit of Law in the Legal System of Iran

Author(s)

MEHRPOUR HOSSIEN | Safari Sajad | Issue Writer Certificate

Keywords

Spirit of LawQ2

Legal RuleQ1

Legal PrincipleQ1

Purpose of LawQ2

Abstract

In the legal works, it is usual to reason by relying on the Spirit of Law. In spite of this fact, authors do not explain the nature and basis of the Spirit of Law. The Spirit of Law as a legal source was incorporated in the former Civil Procedure Code 1940, article 3. Although the principle 167 of the Constitution weakened the spirit of the law as a legal source, but it survives accompanied with other sources mentioned in the principle. It is necessary to mention that even after the abrogation article 3, the Spirit of Law has been invoked by courts in several cases. There is no unanimity, in the doctrine, about its meaning. It contains a great spectrum of meanings; from a simple meaning such as contrary argument to the general conceptions like the basis to the deduction general principle of law. In this great spectrum, there are so contradictory meanings that cannot be harmonized in legal system.

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APA: Copy

MEHRPOUR, HOSSIEN, & Safari, Sajad. (2018). The Spirit of Law in the Legal System of Iran. THE JUDICIARY’S LAW JOURNAL, 82(103 ), 201-218. SID. https://sid.ir/paper/137984/en

Vancouver: Copy

MEHRPOUR HOSSIEN, Safari Sajad. The Spirit of Law in the Legal System of Iran. THE JUDICIARY’S LAW JOURNAL[Internet]. 2018;82(103 ):201-218. Available from: https://sid.ir/paper/137984/en

IEEE: Copy

HOSSIEN MEHRPOUR, and Sajad Safari, “The Spirit of Law in the Legal System of Iran,” THE JUDICIARY’S LAW JOURNAL, vol. 82, no. 103 , pp. 201–218, 2018, [Online]. Available: https://sid.ir/paper/137984/en

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