نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار، دانشکده حقوق و علوم سیاسی، دانشگاه یزد، یزد، ایران
2 استادیار، دانشکده حقوق، دانشگاه یزد، یزد، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The present research aims to examine the characteristics of a desirable legislation system from the perspective of Allameh Mohammad Taghi Ja'fari. The main question is what the purpose of this system is and ultimately, what executable guarantee it uses to ensure the fulfillment of everyone's interests and benefits. The research method is descriptive-analytical, and the results indicate that a sound legislation system, according to Allameh Ja'fari, requires lofty goals, clear awareness, and adequate enforcement guarantees. Regarding lofty goals, he believes that while establishing order and eliminating conflict is commendable, it is not sufficient. Rights should strive to fulfill larger objectives. Human excellence and the growth of human potential, along with efforts for unity in rights for all, are addressed in this section. In other words, firstly, a desirable legal system must endeavor to not only provide order and security but also to foster the capabilities of individuals. Secondly, not only should all aspects of individual life be under the administration of a unified legal mindset, but also there should be a single mindset governing the entire world to minimize conflicts. Concerning the characteristics that the legislator must possess, he first refers to his comprehensive knowledge of the characteristics and needs of his subjects. Then, he emphasizes his distance from personal, partisan, ethnic, etc., biases. Finally, when discussing enforcement guarantees, he believes that societal education aimed at promoting a culture of lawfulness on the one hand and sufficient attention to strengthening self-restraint within each individual, on the other hand, play a very influential role in the success of a legal system. Consequently, there will be less need for external enforcement guarantees.
کلیدواژهها [English]
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