THE ETHICAL INTENDED PURPOSE OF LEGAL RULE: COMPARATIVE APPROACH IN THE WESTERN AND ISLAMIC THEORIES OF LAW

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HAGHPARAST SHABAN; KAVIANI KOUROSH; KAHVAND HAMED

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Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2017 | Volume:3 | Issue:4 Page(s): 49-72

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Title

THE ETHICAL INTENDED PURPOSE OF LEGAL RULE: COMPARATIVE APPROACH IN THE WESTERN AND ISLAMIC THEORIES OF LAW

Author(s)

HAGHPARAST SHABAN | KAVIANI KOUROSH | KAHVAND HAMED | Issue Writer Certificate

Keywords

LEGAL RULEQ1

ETHICAL PURPOSEQ1

ULTIMATE CAUSEQ1

LEGAL VALIDITYQ1

Abstract

Recognition of the relationship between law and ethics is one of the most complex issues in philosophy of law. The history of legal theories in the West is a good evidence of this claim, in such a way that theories of natural law, positivism, historical theory of law, critical studies of law, each have a certain position in relation to the separation, unification or interaction of LEGAL RULEs and moral norms. The purpose of this article is to explain the ultimate relationship between moral and law, which has been done by a descriptive-analytic method, and also a comparative study of legal philosophy. Law and ethics provide normative systems, in respect to the human behavior, interacting with each other. LEGAL RULEs are, on the basis of practical logic, provided to meet human needs and interests, and since ethics are part of the human needs and interests, it can be the ultimate goal of a legal principle or source of its validity. It does mean that imperatively all ethical rules and norms be converted into LEGAL RULEs, but ethical ends must be considered in the validity of LEGAL RULEs.

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APA: Copy

HAGHPARAST, SHABAN, KAVIANI, KOUROSH, & KAHVAND, HAMED. (2017). THE ETHICAL INTENDED PURPOSE OF LEGAL RULE: COMPARATIVE APPROACH IN THE WESTERN AND ISLAMIC THEORIES OF LAW. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 3(4 ), 49-72. SID. https://sid.ir/paper/262121/en

Vancouver: Copy

HAGHPARAST SHABAN, KAVIANI KOUROSH, KAHVAND HAMED. THE ETHICAL INTENDED PURPOSE OF LEGAL RULE: COMPARATIVE APPROACH IN THE WESTERN AND ISLAMIC THEORIES OF LAW. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2017;3(4 ):49-72. Available from: https://sid.ir/paper/262121/en

IEEE: Copy

SHABAN HAGHPARAST, KOUROSH KAVIANI, and HAMED KAHVAND, “THE ETHICAL INTENDED PURPOSE OF LEGAL RULE: COMPARATIVE APPROACH IN THE WESTERN AND ISLAMIC THEORIES OF LAW,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 3, no. 4 , pp. 49–72, 2017, [Online]. Available: https://sid.ir/paper/262121/en

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