A Review of the Fundamentals of Jurisprudence: Famous View on the Conceptualization of Jurisprudential Justice

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Faghani Ramin; ZAREI MOHAMMAD MAHDI; EBRAHIMI SAEID; IZADIFARD ALI AKBAR

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Journal: Islamic jurisprudence Resaerch Year:2020 | Volume:16 | Issue:2 Page(s): 309-330

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Title

A Review of the Fundamentals of Jurisprudence: Famous View on the Conceptualization of Jurisprudential Justice

Author(s)

Faghani Ramin | ZAREI MOHAMMAD MAHDI | EBRAHIMI SAEID | IZADIFARD ALI AKBAR | Issue Writer Certificate

Keywords

JusticeQ2

Legal JusticeQ1

Meaning of JusticeQ1

Definition of Justice in JurisprudenceQ1

Conceptualization of JusticeQ1

Well-Known Principles in the Definition of JusticeQ1

Criticism on the Reasons of Justice Being a Permanent Disposition of MindQ1

Abstract

Many laws and derivative principles of jurisprudence are conditional on Justice. Typically, Shi'a jurists discuss the conceptualization of Justice on the basis of two options: The habit of compliance and elusion and the actual persistent. Despite the fact that the definition of Justice to the actual persistent has a background in the Ja'fari jurisprudence and to the inner disposition is missing in the narratives, the famous Ja'fari jurists consider Justice as the habit of compliance and elusion. Undoubtedly, the necessity of considering disposition in the conceptualization of Justice makes establishing of Justice difficult. In addition, it does not view mere compliance of religious obligations (Wā jibā t) and elusion from inviolable things (Moḥ rramā t) enough in order to establish Justice. This fact raises the question that based on what facts the famous [scholars] consider the disposition as necessary in the conceptualization of Justice and are these reasons adequate for proving the famous views? Therefore, the present paper, with the aim of clarifying and evaluating the famous reasons, in a descriptive study, investigates the necessary reasons for considering the disposition in the conceptualization of Justice. It is concluded that the famous reasons are not adequate to prove the famous view and the necessity of considering disposition in the conceptualization of Justice. It is not necessary to go beyond the compliance with the religious obligations and elusion from inviolable things in order to establish Justice.

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APA: Copy

Faghani, Ramin, ZAREI, MOHAMMAD MAHDI, EBRAHIMI, SAEID, & IZADIFARD, ALI AKBAR. (2020). A Review of the Fundamentals of Jurisprudence: Famous View on the Conceptualization of Jurisprudential Justice. ISLAMIC JURISPRUDENCE RESEARCH, 16(2 ), 309-330. SID. https://sid.ir/paper/369354/en

Vancouver: Copy

Faghani Ramin, ZAREI MOHAMMAD MAHDI, EBRAHIMI SAEID, IZADIFARD ALI AKBAR. A Review of the Fundamentals of Jurisprudence: Famous View on the Conceptualization of Jurisprudential Justice. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2020;16(2 ):309-330. Available from: https://sid.ir/paper/369354/en

IEEE: Copy

Ramin Faghani, MOHAMMAD MAHDI ZAREI, SAEID EBRAHIMI, and ALI AKBAR IZADIFARD, “A Review of the Fundamentals of Jurisprudence: Famous View on the Conceptualization of Jurisprudential Justice,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 16, no. 2 , pp. 309–330, 2020, [Online]. Available: https://sid.ir/paper/369354/en

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