Anthropological Philosophy of Human Rights

Mohammad Reza Bagherzadeh / Assistant Professor, IKI         bagherzadehfirst@yahoo.com

Received: 2019/02/14 - Accepted: 2019/05/01

Abstract

Establishing a real human rights system is depended on determining its subject; in other words, the knowledge of "anthropology". The anthropological views of philosophers and scholars on humanity include a wide - and contradictory range from Godhood to wolfhood, from good to evil essence, from a natural to an unnatural being, from the lordship to servitude, from an authorized to a non-authorized creature, from a mortal or a non-mortal entity, from a super sex to a male, and from purposefulness to aimlessness. Anthropologists also study human beings in various ways, such as observation and experience, or intellect or an extraterrestrial source, such as "revelation", but the best method is using a comprehensive and integrated approach along with the all means of cognition to identify all aspects of mankind. Using a rational-analytical method and comparing atheistic to the Divine approaches, this paper studies the pivotal components in recognition of the mankind's reality, such as the human's servitude, the human physical-spiritual identity, the human nature, the human dignity, the human authority, the human relationship with gender, the human purposefulness, the eternal life of man, the human social identity and etc. These components each have effects the concept of the human rights, which distinguishes the Divine human rights system from the atheist systems.

Keywords: philosophy of human rights, anthropology, dignity, life, individual, society, freedom, nature, gender, soul.

The position of freedom in the Islamic Republic of Iran’s Constitution

Seyyed Mohammad Hadi Hassani / PH.D Student in Public Law       sh.hasani@chmail.ir

Alijohn Heidari / PH.D Student in Public Law                                   aliheidari199@yahoo.com

Received: 2018/11/16 - Accepted: 2018/03/02

Abstract

In the world where freedom is considered as a unique value, it is so important to get the proper cognition from the concept of freedom and its precise position in the constitutions. By scrutiny in the concept of freedom, it can be found that the existing differences between cultures and cultural foundations are the reason for distinctions in the concept of freedom. The Islamic Republic of Iran, as a system that has both Islamism and republicanism, considers Freedom as an inferred genuine religious basis which it has become a national covenant in its constitution. The study of the status of freedom in the constitution of the Islamic Republic of Iran has more importance, since it always stands as the subject of the intellectual and soft aggression of the enemies and also the constitution can be posed as a model for other Islamic countries especially in the era of Islamic awakening. Using a descriptive-analytical method, this paper seeks to study the position of freedom in the Islamic Republic of Iran’s constitution.

Keywords: Islamic Republic, Freedom, Constitution, Personal Liberty, Freedom of thought, Political Freedom.

The Reasons behind the Annulment the Social Security Organization's Approvals in the Administrative Justice Court's Judicial Precedents (with an Emphasis on Protecting the Rights of Social Security)

Zahra Daneshnari / PhD in Public Law, Tehran University                      zdanesh@ut.ac.ir

Received: 2018/10/11 - Accepted: 2019/02/21

Abstract

The Social Security Organization, as a public and non-governmental organization, is committed to protect the social security rights of individuals. The organization was established under the Social Security Act of 1354, and is responsible for the implementation and expansion of various types of social insurance, according the Article 1 of the Social Security Act. Of course, this is not the sole purpose of this organization, but in its macro-vision it aims to create social well-being for all society. Social security rights are considered as one of the new courses in the field of public law. In carrying out its duties and authority, the organization sometimes adopts decisions in the form of regulations and directives, which, according to the jurisdiction of the General Board of Administrative Justice Court, can be appealed to the Court. The new approach of the Administrative Justice Court suggests that this Court, in many respects, has considered certain protective rights besides the status of this organization in invalidating the Social Security Organization's approval, and as a result, in invalidating the decisions under appeal. This paper reviews some of the Tribunal's rules in invalidating the Social Security Organization's approvals along with supporting the social security.

Keywords: The Social Security Organization, rights of the Social Security, Administrative Justice Court, qualification, the reasons for annulment.

A Reflection on the Public Property's Distinction from other Properties and its Resulting Effects

Valie Rostami / Associate Professor, Tehran University                                  vrostami@ut.ac.ir

@ Masoud Masoumi / M.A., University of Judicial Sciences and Administrative Services, Tehran

masoomi.masood@yahoo.com                                        Received: 2018/12/10 - Accepted: 2019/04/14

Abstract

At the macro level, concepts such as public ownership and private property can be considered as hierarchical concepts that involve a type of priority and posteriority. In other words, considering the concept of the state sovereignty, and given the meanings and results that can be taken from the concept of state sovereignty in the past, public ownership can be considered as the principle and the body, which originates the private property. Accordingly, in the past, the lawyers were not given the right to the state in private property; rather, they considered the ownership applicable only on the basis of civil law. However, later on, due to the role of governments in the provision of public services, gradually, the governments also gain the right to be the owner of the property. Common property is property that is dedicated to the public and for the benefit of the people such as bridges, museums, passages and etc., and the government only manages and monitors these properties. There are five ways to distinguish public property from other properties: I. belonging to a public person, II. allocating to the public, III. public service, IV. the legislator and V. referring to the nature of property. Due to the general nature of public property, they are subject to their own rules and regulations, which are as follows: I. the principle of non-private ownership, II. the principle of the impossibility of transferring, III. the principle of the impossibility of seizure, IV. the principle of timelessness, V. the principle of the prohibition of exclusive use, and VI. the principle of the invalidity of the evidence of invasion.

Keywords: public property, state property, private property, ownership, state, management and supervision.

Codification of Laws, Illustration of the Concept,
Backgrounds and Foundations

@ Muhammad Sadiq Frahani / PhD Student of Public Law, the University of Tehran

                                                                                                                               msfarahani72@ut.ac.ir

Ali Bahadori Jahromi / PhD Student of Public Law, the University of Tehran, the College of Farabi

Received: 2019/01/02 - Accepted: 2019/05/10                                            a.bahadori.j@gmail.com

Abstract

After more than half a century the adoption of the first legal text on the necessity of enacting the laws of the country has not yet created a single conception of the concept of "Codification" among Iranian lawyers. The current research using library studies and the adoption of an analytical-descriptive approach after identifying the threefold approaches of lawyers in confronting the concept of incorporating laws separating and recognizing them from similar concepts and examining the history of its developments throughout history concludes that the root Failure to provide a single interpretation of the concept of penetration should translate the term "Codification" into consideration without considering the various developments of this approach over time and consider the "Codification" as a process of "Collecting" "Classifying" and "Purifying" the rules. Count In addition contrary to the common sense the basics of the enrichment of laws are not limited to the customary principles and like the first sets of tombstones before the customary root is an Islamic background.

Keywords: Legislation, Codification, Clarity,

Allameh Tabatabai's Theory of Recruitment
and its Political and Legal Effects

Mohammad Ghodsi / PhD Student in Law, Tehran University                                mohammadd.ghodsi@gmail.com

Received: 2019/01/09 - Accepted: 2019/05/01

Abstract

The recruitment as one of the pre-community relative perceptions, which has proposed by Allameh Tabatabai to explain the emergence of community and social relationships, suggests that, due to the tendency of man towards recruiting other human beings, objects and animals before the community, an unequal relationship has been created among humans with the development of society, and it led to the exploitation of the weak and the corruption of the community. So, in order to prevent this situation and prepares the conditions for an equal and double-sided recruitment, along with the public exploitation and salvation, social relations should be balanced by establishing social justice in a clear framework. Focusing on Allameh Tabatabai's works, this paper analyzes the theory of recruitment, its dimensions, as well as its political, legal and practical effects.

Keywords: recruitment, relative perceptions, community, social justice.