Rol the rule of justice and fairness on jurisprudence and law

Subject Areas : فقه و مبانی حقوق

Alireza Asgari ¹ , Ali Akbar Ghaffari ² , seyed hasan abedini ³

1 - Vice-chancellor for education of Qom Azad university
2 - university professor
3 - Assistant Professor

Received: 2017-07-27 Accepted : 2017-11-29 Published : 2017-12-22

Keywords: justice, jurisprudence, Fairness, equity and rights, equality,

Abstract :

The writers of the leading writing, by examining the concept of justice and fairness and comparing them with similar concepts, seek to answer the question that if the rule of justice and fairness is a legal rule, what effect does it have on the subject matter and law? Also, assuming that justice means observing the rights and granting the right to the right, then it has been chosen as the focus of this paper and examined two important points. Then, by examining the reasons for the two views, they confirmed the second theory. The first point: Some jurisprudents, who are more than ours, believe that the principle of justice and fairness is assigned to one chapter from the jurisprudence. From the point of view of these jurisprudents, this rule is a judicial-financial rule, but the second point: Some contemporary jurisprudents do not consider the rule of justice and fairness specific to a tribe from the jurisprudential jurisprudence, and it is not considered by all jurisprudence and in various fields of social, political, Economic and ... current. A review of these two perspectives has been done by descriptive-analytical method