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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2010
  • Volume: 

    40
  • Issue: 

    2
  • Pages: 

    275-294
Measures: 
  • Citations: 

    0
  • Views: 

    13243
  • Downloads: 

    0
Abstract: 

Any litigation is composed of a series of FACTs and rules the distinction between them is of great import. One may distinct the FACTual elements of litigation as "questions of FACT" from the legal elements thereof classically called "questions of law". The parties to litigation as well as the judges who adjudicate the litigation always need to keep this distinction in mind to avoid misleading the process of adjudication. "The due process of law" requires that both the litigants and the judge play their own role in the proceeding; while the litigants are to deal with the questions of FACT, the judge shall exclusively determine the questions of law. This essay tries to draw a clear and pragmatic border between the questions of FACT and questions of law and present a logically well-defined criterion appropriate to apply by the tribunals and judicial officers in this effect.

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Journal: 

Wisdom and Philosophy

Issue Info: 
  • Year: 

    2022
  • Volume: 

    17
  • Issue: 

    68
  • Pages: 

    123-153
Measures: 
  • Citations: 

    0
  • Views: 

    85
  • Downloads: 

    33
Abstract: 

Hillary Putnam is one of the contemporary philosophers who study the FACT/value dichotomy. In his thoughts, these two concepts are interpretation and even conceptually not separate, a notion named instructive pragmatism. He accuses the advocates of this dichotomy and believes that when they say morality is separate from FACT, they base their trust on the supposition that they realize FACT in its exact sense. He sets three reasons that lead to resorting to this dichotomy of reality/value and by rejecting all, paves the way for his criticism of this dichotomy. The drawbacks recognized by him in this context, consist of 1. conversion of a non-destructive distinction into a destructive metaphysical dichotomy, 2. The impact of science from the values in generating science, 3. existence of consensus regarding ethical issues similar to that of other domains, 4. inaccuracy in the analysis of moral judgment into the two perspective and descriptive components, 5. wrong moral thick concepts, a reason in the interpretation of FACTs and values. Next to accepting his thoughts, and strong points in rejecting FACT/value dichotomy, we believe when he defends the character of constructive FACTs, the following deficiencies become evident in his views: 1. inaccuracy in changing FACTs due to the conceptual schema, 2. the problem of backward causation, 3. lack of conceptual competence, 4. problem of incoherence and 5. use mention fallacy. The objective of this paper is to analyze and assess the strong and weak points of Putman’s views on FACT/value dichotomy.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    13
  • Issue: 

    36
  • Pages: 

    353-374
Measures: 
  • Citations: 

    0
  • Views: 

    26
  • Downloads: 

    0
Abstract: 

The Rohingya people are the native inhabitants of Arakan (Rakhine) land in Myanmar, who have faced a series of crimes by the Myanmar army and government. Based on the norms and regulations of international and customary international law and the principles of international criminal law and considering the incidents that occurred against the religious minority group of Rohingya Muslims, the continuous violation of human rights and the occurrence of the crime of genocide by the Myanmar government are a MATTER of FACT. There are numerous examples of deliberate actions, which prove the governmental steps to eliminate the Rohingya group, and deliberate measures, which cause the international responsibility of the Myanmar government. Iran has raised three specific positions regarding the Rohingya Muslim crisis.The major question of the research is to evaluate the occurrence or non-occurrence of violations of international criminal law, the crimes of genocide, and crimes against humanity by the Myanmar army and government against the Muslim minority in Rakhine state.The hypothesis emphasizes the definite occurrence of violations of humanitarian law and international criminal law, especially committing crimes of genocide and crimes against humanity. The purpose of the research is to examine one of the important cases of violation of Muslim rights in today's world, which has not been noticed by international legal societies. It tries to discuss briefly the Iranian positions on the Issue. The analytical-descriptive research method is based on official docs and undeniable FACTs, especially the documents issued by the International Criminal Court.

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Author(s): 

Mousavi Seyed AmirHesam

Journal: 

Energy Law Studies

Issue Info: 
  • Year: 

    2020
  • Volume: 

    5
  • Issue: 

    2
  • Pages: 

    477-493
Measures: 
  • Citations: 

    0
  • Views: 

    437
  • Downloads: 

    0
Abstract: 

The Energy Charter Treaty (ECT) Is A Global Treaty That Enacted To Protect Investments In Energy Sector. In This Treaty, Authors Of It, Appoint Obligations For States That Breach Of Those, Can Lead To Their Responsibility. In The Precedent Of Arbitration Tribunals, We Can See That Arbitrators Has A Freedom To Envisage Cause Of Action And Also We See In Multiplicity Of Causes, They Did Not Oblige Themselves To Envisage All Of Causes. Alse We Can See That The Problem Of Cause Of Action Is Not Analysis Enough And Therefore There Exist Ambiguities. In This Article We Figure On Evaluate This Subjects.

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Author(s): 

COX C.

Issue Info: 
  • Year: 

    1993
  • Volume: 

    3
  • Issue: 

    -
  • Pages: 

    30-35
Measures: 
  • Citations: 

    1
  • Views: 

    179
  • Downloads: 

    0
Keywords: 
Abstract: 

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    52
  • Issue: 

    2
  • Pages: 

    109-115
Measures: 
  • Citations: 

    0
  • Views: 

    136
  • Downloads: 

    12
Abstract: 

In this study, chemical compositions of black seed meals samples were determined. 18 male weaning Zandi lambs with an average body weight of 23.5 ±1.5 kg were used in a completely randomized design in three groups of six in individual pens. Experimental treatments were: 1) control (basal diet with 12% soybean meal and without black seed meal), 2) diet containing 6% soybean meal and 9% black seed meal and 3) diet containing 18% black seed meal and without soybean meal. The concentration of dry MATTER, crude protein, crude fat, NDF, ADF, ADIN, and crude ash of black seed meal samples were 97.53±0.58, 31.26±0.99, 15.16 ± 0.61, 25.95 ± 1.34, 14.2±0.80, 0.69±0.04 and 5.07 ± 0.24, respectively. Replacement of soybean meal with black seed meal in the diet of experimental lambs had no effect on final body weight, daily weight gain, feed conversion ratio, dry MATTER intake, dressing percentage, tail and total body fat deposition. Albumin and total protein were higher for lambs fed by diet containing 18 % black seed meal compared to other treatments (P <0.05). However, the concentration of blood triglyceride, cholesterol and urea nitrogen were not differed between experimental groups. The digestibility of dry MATTER, organic MATTER, crude fat and protein were not affect by feeding of experimental diets. It seems that black seed meal can be used in the diet of fattening lambs up to 18% without adverse effect on performance and nutrients digestibility of growing lambs.

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Author(s): 

TSARKOV D. | HORROCKS I.

Issue Info: 
  • Year: 

    2006
  • Volume: 

    4130
  • Issue: 

    -
  • Pages: 

    292-297
Measures: 
  • Citations: 

    1
  • Views: 

    106
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

LAJEVARDI H.

Issue Info: 
  • Year: 

    2006
  • Volume: 

    2
  • Issue: 

    4
  • Pages: 

    151-162
Measures: 
  • Citations: 

    1
  • Views: 

    2056
  • Downloads: 

    0
Abstract: 

According to the public and the critics, Chaharshanbe Souri is one of the most successful screened films in 2006. Since every artistic work carries a piece of truth this essay is to clarify the philosophical foundations of the film and illuminates its truth content. Chaharshanbe Souri is itself a reflection on this foundation and its resulting impact upon the individual and social life. Discourse of "Science" in the last two decades has claimed that it could manage Iranian's individual and social problems. And Chaharshanbe Souri is a reflection on this claim. Here the author is to examine role of science and power in Iranians everyday life in these two decades through underlining this reflection.

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Author(s): 

MOHSENI HASSAN

Issue Info: 
  • Year: 

    2017
  • Volume: 

    8
  • Issue: 

    1
  • Pages: 

    52-54
Measures: 
  • Citations: 

    0
  • Views: 

    1774
  • Downloads: 

    396
Abstract: 

There are several peculiarities for judgment, four of which are more important. These characteristics are related to reviewability of the judgments. These characteristics are considered binding and are enforced by sanctions: the characteristic of appeal; the characteristic of the way of appeal; the characteristic of appeal court and appeal time. These four MATTERs are considered to be the MATTERs of FACT, and not the MATTERs of law. These MATTERs should be descripted while applying the rules on the specific cases. For this reason, the judge may not dismiss these elements by resorting to general assumptions such as people’s awareness of the law. Three of these MATTERs are grounded in the duty of judges to issue suitable judgments and the fourth is based upon the right of notification. The notification of judgment logically reflects and contains the notification of time of proceedings, unless if after the notification no legal action can be taken. This article strives to justify the judge's duty of description of those four characteristics. Finally, this paper discusses the legal sanctions on this respect.

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Author(s): 

Mansouri Gholamreza

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    45
  • Pages: 

    175-190
Measures: 
  • Citations: 

    0
  • Views: 

    190
  • Downloads: 

    22
Abstract: 

In some point of view, neither Michel Foucault nor Ibn Khaldun are considered philosophers in the conventional classifications, but both are very  important in intellectual and, of course, in philosophical contexts, especially for those who are interested in the deep study of human life from the perspective of political thought.The main concern of two thinkers, one in the 14th century, the other in the 20th century, is the issue  of power, although neither of them provided a precise definition of it. In this article, an attempt has been made to show the place of power and domination in the political thought of both thinkers by examining the thoughts of two thinkers. And in search of an answer to this question, how did Asabiyyah and industry of religion in Ibn Khaldun's thought and social control through self-technology and discipline in Foucault's thought lead to the expansion of the domination of power? This article is written by analytically comparing the opinions of two thinkers based on Ibn Khaldun's most important book called Muqaddimah and Foucault's late works

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