FROM TRADITIONAL LAW TO THE MODERN LAW: THINKING ABOUT FOUNDATIONS OF EVOLUTION OF LEGAL ORDER

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SHAHABI MAHDI

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Journal: NAMEH-YE-MOFID Year:2010 | Volume:15 | Issue:2 (76 LAW) Page(s): 69-90

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Title

FROM TRADITIONAL LAW TO THE MODERN LAW: THINKING ABOUT FOUNDATIONS OF EVOLUTION OF LEGAL ORDER

Author(s)

SHAHABI MAHDI | Issue Writer Certificate

Keywords

TRADITIONQ2

EMPIRICAL REASONQ3

REFORMIST APPROACHQ3

MODEM NATURAL LAWQ3

SOCIALIZATION OF THE LAWQ3

Abstract

The transition from TRADITIONal to the modern law and the formation of legal modernity results from changes in their bases which in turn affects other elements of the legal order and at least as a historical and social reality in western societies, makes us familiar with the essential parameters of the evolution of the legal order. Also it helps us to know the place of religious legal order of Iran compared to the evolution of TRADITIONal to the modem law. This research, therefore, intends to demonstrate parameters of the modem law and to put light on the issue of how and in which field and through which changes, these parameters and characteristics are formed? On the other hand, according to the Western lawyers, the legal system of Islam is a TRADITIONal system. Does that mean that the religious legal system of Iran is foreign to the parameters of the modem legal system? If this is not so, then which parameter is refused by the Iranian system and which parameter is accepted? In its evolution the modem law has also been in crises. These crises have changed certain factors of the modem law and have brought divisions in the modem law itself (liberal modem law and social modem law). How much is the share of this division in the amount of parameters of legal modernity and in the range of accommodation of the Iranian legal system with the mentioned parameters.

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APA: Copy

SHAHABI, MAHDI. (2010). FROM TRADITIONAL LAW TO THE MODERN LAW: THINKING ABOUT FOUNDATIONS OF EVOLUTION OF LEGAL ORDER. NAMEH-YE-MOFID, 15(2 (76 LAW)), 69-90. SID. https://sid.ir/paper/3546/en

Vancouver: Copy

SHAHABI MAHDI. FROM TRADITIONAL LAW TO THE MODERN LAW: THINKING ABOUT FOUNDATIONS OF EVOLUTION OF LEGAL ORDER. NAMEH-YE-MOFID[Internet]. 2010;15(2 (76 LAW)):69-90. Available from: https://sid.ir/paper/3546/en

IEEE: Copy

MAHDI SHAHABI, “FROM TRADITIONAL LAW TO THE MODERN LAW: THINKING ABOUT FOUNDATIONS OF EVOLUTION OF LEGAL ORDER,” NAMEH-YE-MOFID, vol. 15, no. 2 (76 LAW), pp. 69–90, 2010, [Online]. Available: https://sid.ir/paper/3546/en

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