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دکتر سید داود
آقایی
author
text
article
2003
per
Law & Political science
دانشکده حقوق و علوم سیاسی دانشگاه تهران
0196-1026
60
v.
0
no.
2003
https://jflps.ut.ac.ir/article_11165_9023633f35918a546660b08ffa88e4a3.pdf
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دکتر سید هاشم بطحائی
گلپایگانی
author
text
article
2003
per
One of the remarkable subjects in the feud of subjects in the feud of surveying the religlous precepts in is the political precepts in Quran. In this regard there are different views and aspects. The religionist intellectuals have denied such precepts in Quran and claimed that Religion is apart from Policy and has no connection with it. On the other hand, although the traditional religionists do not think like religionist intellectuals, they believe that the religionist should proceed to Fegh and Feghahat (Religious Jurisprudence) and leave political affairs to the others. According to the religionist views, they do not reject the political precepts but they believe that such commands have been neglected. The third group with a small number in different eras has stated the political precepts as well. They believe in Quran as the last celestial and holy book descended from heaven. They believe the book as comprehensive rules along with different social regulations. It is obvious that the followers to Quran face with various fields of individual, family and social issues and each of these fields contain of authorized and unauthorized movements which Quran should command which of them is right or not. Therefore the field of life is the field of policy and management which their precepts must be explained. Quran is responsible for this duty to state deeply and clearly on different kinds of relations of family, social and minorities rights inside and outside the country. To know and to perform these precepts in incumbent upon to each Muslim like praying and other religious orders.
Law & Political science
دانشکده حقوق و علوم سیاسی دانشگاه تهران
0196-1026
60
v.
0
no.
2003
https://jflps.ut.ac.ir/article_11166_694b36314a1c1cbc10b3e1beb75812fc.pdf
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دکتر منوچهر توسلی
جهرمی
author
text
article
2003
per
Law & Political science
دانشکده حقوق و علوم سیاسی دانشگاه تهران
0196-1026
60
v.
0
no.
2003
https://jflps.ut.ac.ir/article_11167_b8a496ad727ac73061a512f6f7fe5c7a.pdf
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دکتر حسن جعفری
تبار
author
text
article
2003
per
The distinction between historical and non-historical methodology in jurisprudence is like the difference between objectivity ans subjectivity. Historical jurisprudence explains the legal realized facts but non historical jurisprudence is engaged in justification of some non-materialized ideals in law. In this essay, historiography of law is devided in to four methods: state - based, lawyer-based, institute-based and theory-based legal historiography.
There are three paradigms in paradigmatic theory-based legal historiography which are introduced in this essay. By this three paradigms we can distinguish between ancient and modern law. (A/L, M/L). These paradigms are: 1. Thou shalt not (A/L) and you are permitted (M/L) 2. mystified law (A/L) and demystified law (Mit) 3. non refutable proofs (A/L) and refutable proofs
(M/L).
Law & Political science
دانشکده حقوق و علوم سیاسی دانشگاه تهران
0196-1026
60
v.
0
no.
2003
https://jflps.ut.ac.ir/article_11168_8355a7159561bd430f6a5f6e89e8e3a4.pdf
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دکتر سعید
حبیبا
author
text
article
2003
per
The issue of the patenting of life forms heated up after the US Supreme Court decision in Diaond v. Chakraborty to grant patent protection to micro-organisms. This paved the way for more patenting activities in the field of biotechnology. The advancement in this area of technology has implications mainly in the agricultural and health sector.
Although biotechnology has improved the human life to a great extent, it has many inherent disadvantages also.
The patenting of life forms raises a few serious legal issues because of its inherent complexities and techni calities.
The laws of various countries are not the same regarding micro organism as an invention. On the other hand, the approved laws and regulations could not be regarded as a legal statue of a state, because jurisprudences and doctrine and even the manner of dealings of Patent Offices along with the Patent Acts are showing the legal statutes of a state. Besides these and Conventions and Agreements, affects on national laws; therefore it is very important to study the patentability and legal protection of biotechnology inventions and products, as well as to the study the special national and international patent systems for the biotechnological inventions.
Law & Political science
دانشکده حقوق و علوم سیاسی دانشگاه تهران
0196-1026
60
v.
0
no.
2003
https://jflps.ut.ac.ir/article_11169_74e6d65bfc1cfeb50c2211552efb02df.pdf
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محمد حسن
حبیبی
author
text
article
2003
per
Law & Political science
دانشکده حقوق و علوم سیاسی دانشگاه تهران
0196-1026
60
v.
0
no.
2003
https://jflps.ut.ac.ir/article_11170_bececd95f8387fbac0342dc687c4c155.pdf
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دکتر علی
خالقی
author
text
article
2003
per
-
Law & Political science
دانشکده حقوق و علوم سیاسی دانشگاه تهران
0196-1026
60
v.
0
no.
2003
https://jflps.ut.ac.ir/article_11171_f2cc2d1be40f87c6a3c96e89f2ea5366.pdf
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دکتر عباسعلی
کدخدائی
author
نادر
ساعد
author
text
article
2003
per
The Anti - Ballistic Treaty (ABM) is a bilateral agreement between the USA and former USSR, to limit production and development of their anti-ballistic missiles, in order to make military ballance and prevention nuclear and other arms race. The authors believe that the withdrawal of the USA from ABM is contrast to the well - established principles of international law and a major threat to international peace and Security. Certainly, unilateralism as a state policy, endangers the normal process of international rule of law.
Law & Political science
دانشکده حقوق و علوم سیاسی دانشگاه تهران
0196-1026
60
v.
0
no.
2003
https://jflps.ut.ac.ir/article_11172_59c6a38d8ca280f41494e03647490306.pdf
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دکتر رضا کریم کاشی
آرانی
author
text
article
2003
per
-
Law & Political science
دانشکده حقوق و علوم سیاسی دانشگاه تهران
0196-1026
60
v.
0
no.
2003
https://jflps.ut.ac.ir/article_11173_33f02d6c3cf1d9ea4550c6f6882f98e8.pdf
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دکتر حسنعلی موذن
زادگان
author
text
article
2003
per
Criminal justice execution is founded on presumption of prosecution investigation and issuance of justified verdict based on observing fundamental principles, legal prosecution, legal basis found both for crime and punishment, holding open court and such.
Many of the mentioned principles have been predicted in the constitution of Islamic Republic of Iran by observing penal codes in Islam; however, despite above-mentioned principles and Islamic Jurisprudential criteria, the wording and style used in note 2 of clause C of Art 295 and also, Art 226 of Islamic Punishment Law implies suspicion of authorizing ordinary people to undertake prosecution and issue judicial verdicts for citizens’ charges to crimes such as premeditated murder, adultery, buggery and such, which ordinarily lead to retaliation and/or execution sentences. Therefore, it is necessary to either omit those parts or amend them in a way that could remove aforementioned suspicion.
Law & Political science
دانشکده حقوق و علوم سیاسی دانشگاه تهران
0196-1026
60
v.
0
no.
2003
https://jflps.ut.ac.ir/article_11174_d6bcd35e180833d8e4a676256784b6b8.pdf
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مریم
نوروزی
author
text
article
2003
per
When a violation of international law occurs, there are consequences for the government that has committed it. There is compelling evidence that both conventional and general international law requires that a state where breach of fundamental human rights has been committed is required to investigation the matter and bring the perpetrators to justice.
At the same time, where a person is threatened with expulsion or extradition to a country where there is a certain risk that the person will be arbitrarily executed or tortured, there is an obligation on the custodial state not to send the person to the latter country.
Moreover, the government is prohilibited from granting to those involved of blanket immunity from prosecution or amnesty, a notion manifestly aimed at the practice of some countries of granting amnesties to state personnel as a means of achieving a transition from military to civilian rule.
Each of the two obligations will be discussed in the presen article,
Law & Political science
دانشکده حقوق و علوم سیاسی دانشگاه تهران
0196-1026
60
v.
0
no.
2003
https://jflps.ut.ac.ir/article_11175_548abd71b74758b7463802b1f2b038f7.pdf
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دکتر علی
وفادار
author
text
article
2003
per
In the Present century such sacred words as freedom and human rights which have mostly been tools in the hands of masters of gold and power have transformed; this question arises that which school of thoughts would quench the thirsty justice anxious people? The bewilderment of mankind shows itself in the political hypocrisy and metamorphosis of cultural values in itself confirms that the resolution and methods which have been offered by the professional politicians are not the permanent cure for all the mental problems of the current centuries, people and the atheist and non idealistic people who are infested with decaying politics have been distressed in finding a way to rescue themselves none the less being able to show the correct ways of living to their fellow sufferes with respect to the sensitivity of justice versus oppression and explaining oppression in different situations of history demands its own wit. Grabbing onto the blessed lap of Mola Mi (P.B.U.H.) and finding the way to the learned Medina of Mi (P.B.U.H.)’s justice is the safest way for acquiring the real and god loving justice. Justice and equality are the values that each conscientious person desires and (justice) means to place everything in its rightful place and keeping every person’s rights in a way that each person would get what he or she is worthy of and deserves.
Someone asked Au (P.B.U.H.), which is beter; justice of munificence and giving, he commanded: Justice is better than munificence because justice places everything and every task in its rightful order; but, munificence keeps things from being in their rightful place. In the human society people are different in their competence, capability, virtue, faith, and morality, which if the assessments are defined correctly, and everyone obtains his or her deserved right then justice has been achieved; on the other hand, if people’s real criteria and competence are not considered then this same injustice and oppression will break up the social order.
Law & Political science
دانشکده حقوق و علوم سیاسی دانشگاه تهران
0196-1026
60
v.
0
no.
2003
https://jflps.ut.ac.ir/article_11176_5b226884842465a39cfa60631340cd3f.pdf
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دکتر حسن
دادبان
author
text
article
2003
per
-
Law & Political science
دانشکده حقوق و علوم سیاسی دانشگاه تهران
0196-1026
60
v.
0
no.
2003
https://jflps.ut.ac.ir/article_11177_69f357fcc8e6d119f3d95f33cedb5915.pdf
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دکتر حسن
دادبان
author
text
article
2003
per
-
Law & Political science
دانشکده حقوق و علوم سیاسی دانشگاه تهران
0196-1026
60
v.
0
no.
2003
https://jflps.ut.ac.ir/article_11178_193fce825fbd5a060a4b0ab1c87a3ab0.pdf