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۱۳۸۸ اردیبهشت ۱۹, شنبه

Critical law

  • As I've already confess in law faculties in Iran students almost are thought nothing about critical law, but by chance I've been student of a great professor who thought us at least about existence of these materials that I would appreciate it forever.
    Also I had a research about history of law which is going to be published soon. So I myself don't know much about critical law, but I'm trying to provide you with what I know.
    · Philosophy of law
    We already know that philosophy discusses about the existence, the nature of phenomenon and such really fundamental discussions. It is said that philosophy is a courageous curiosity and search but without any response about basic causes and ultimate definitions of existence… . And we also know that what 'additional philosophy' is: a philosophy that discusses about the cause of existence of a science; for instance in law, why should we have law? What we are going to achieve by law? Etc.
    There are a lot of schools to response these questions, such as natural law, positive law and philosophers who write about jurisprudence like Kant, Hegel, Sartre, Bentham, Montesquieu, etc. In each school they try to justify why we should have law, how law should do its function, what are its aims, etc. by their own justifications.
    In short by philosophy of law we would understand that law's main goals are freedom, regulatory and justice in a society; so according to these findings we must drew up our rules (law) in applicable law to lead us to these ends.( don't worry I'll discuss later how!)
    · History of law
    In history of law we want to understand what was beyond our current law; in other words how human being has reached this point, from primitive groups, families and tribes to these modern societies; of course they had law, but what was the characteristics of their law; was that uncivilized, cruel and basic or something else?
    The answer would be as long as the history; thus to achieve the response we must have a survey of the history to understand what happened, how legal entities were made up, etc. so history of law is a search about story of law throughout the history.
    · Since I don't know too much about other materials in critical law I just want to have a short introductory and finish this main division.
    Sociology of law discusses about interrelevance between sociology and law, i.e. the attitudes, way of living, beliefs, religions, cultures, etc. have a great impact on the law of that society; thus the response to why we should have this kind of law returns to our society and what our society is made up of.
    Also we examine the effects of literature, economy, etc. on law and vice versa.
    Considering 'family', a lawyer would describe it by legal factors and bind it by legal rules; an economist would describe it as basic sector of supply and demand; a poet or writer would describe it as source of the love; a sociologist would… and we know all of them are right. By critical law we'll understand how should combine these attitudes to recognize better, entities like family, government, crime, etc. and thereby have better law.
    In this division of law we would understand we cannot examine law without considering its people, literature, religion, culture, economy, etc.
    I know I've couldn't explain it well enough, sorry; you know the reason... .

۳ نظر:

  1. your writing was,as usual,nothing more than a perfect piece of useful bunch of simply-but meaningful-written text.
    ...and by the way tell us about the WHEN and WHERE of your research which is gonna be published.

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  2. hey dear Behzad;my dear friend
    again thanks
    you'r too kind
    well, i don't know exactly when,but at most in a month by Jahad e daneshgahi publications
    bye

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