Comparative Analysis of Traditional Voluntarism in the Naseri Era and Modern Voluntarism

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SHAHABI MAHDI; Mohammadi jarghoieii Mohammadreza; Dehghannejad Mortaza

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Journal Paper

Paper Information

Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2020 | Volume:21 | Issue:66 Page(s): 313-342

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Information Journal Paper

Title

Comparative Analysis of Traditional Voluntarism in the Naseri Era and Modern Voluntarism

Author(s)

SHAHABI MAHDI | Mohammadi jarghoieii Mohammadreza | Dehghannejad Mortaza | Issue Writer Certificate

Keywords

Traditional Voluntarism

Modern Voluntarism

Modern Law

Legal Rule

Naseri era

Abstract

From Naseri era until Constitutional Revolution because of lack of Rule of law as a symbol of modern government, voluntarism or king’ s volition was one of the most important basis of Legal Rule validation that had deep roots in traditional and intellectual background of Iranian society. This volition received its legitimation from God’ s will and people as peasants, by accepting this issue, considered this power transformation as a kind of charisma. However, because king’ s volition came out of king’ s characteristics, it was considered to have a variable basis and their derived rule had characteristics such as unpredictability, lack of equality element, uncertainty, lack of continuity and limitation. These features in contrast by modern legal paradigm could not have structure based on natural justice or legal justice and eventually led to the Constitutional Revolution. The major goal of this research is to analyzing the characters of Traditional Voluntarism frome the perspective of the Modern Voluntarism. Therfore, it would be possible to clarifing the structural challenges of the pre-revolutionary legal system.

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APA: Copy

SHAHABI, MAHDI, Mohammadi jarghoieii, Mohammadreza, & Dehghannejad, Mortaza. (2020). Comparative Analysis of Traditional Voluntarism in the Naseri Era and Modern Voluntarism. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 21(66 ), 313-342. SID. https://sid.ir/paper/955729/en

Vancouver: Copy

SHAHABI MAHDI, Mohammadi jarghoieii Mohammadreza, Dehghannejad Mortaza. Comparative Analysis of Traditional Voluntarism in the Naseri Era and Modern Voluntarism. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2020;21(66 ):313-342. Available from: https://sid.ir/paper/955729/en

IEEE: Copy

MAHDI SHAHABI, Mohammadreza Mohammadi jarghoieii, and Mortaza Dehghannejad, “Comparative Analysis of Traditional Voluntarism in the Naseri Era and Modern Voluntarism,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 21, no. 66 , pp. 313–342, 2020, [Online]. Available: https://sid.ir/paper/955729/en

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