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Title

IN CONTRAST TO GENERAL AND SPECIFIC KNOWLEDGE AND ITS APPLICATION OF THE LAW

Pages

  117-140

Abstract

 The Concepts of GENERAL and SPECIAL are crucial issues in jurisprudence and statutes, that is, many provisions in statutes lay down on this basis. There is a well-known maxim which states that no GENERAL exits unless it is limited with a SPECIAL. The question of whether the GENERAL phrase is acceptable after narrow phrase and whether the ambiguity of SPECIAL conveyed to GENERAL as well as fulfillment of suspicious via practical rules in subjective suspicious and in GENERALity rule in non-suspicion at narrow phrase, is subject to great controversy and debates. This article deals with this issue by conducting a comparative study and considering the reasoning on which courts’ judgments are based. Then, it proposes some jurisprudential solutions for the purpose of convergence and finally, it concludes that there is obvious difference between collective GENERAL and floated GENERAL phrase and in subjective SUSPICION the wholly evidence, the wisdom as an independent source have VALUE and no difference among other verbal SPECIALs.

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  • Cite

    APA: Copy

    SALEHI, ALIREZA. (2018). IN CONTRAST TO GENERAL AND SPECIFIC KNOWLEDGE AND ITS APPLICATION OF THE LAW. PRIVATE LAW, 6(23 ), 117-140. SID. https://sid.ir/paper/252722/en

    Vancouver: Copy

    SALEHI ALIREZA. IN CONTRAST TO GENERAL AND SPECIFIC KNOWLEDGE AND ITS APPLICATION OF THE LAW. PRIVATE LAW[Internet]. 2018;6(23 ):117-140. Available from: https://sid.ir/paper/252722/en

    IEEE: Copy

    ALIREZA SALEHI, “IN CONTRAST TO GENERAL AND SPECIFIC KNOWLEDGE AND ITS APPLICATION OF THE LAW,” PRIVATE LAW, vol. 6, no. 23 , pp. 117–140, 2018, [Online]. Available: https://sid.ir/paper/252722/en

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