Family Law
ZAHRA REZAPOUR; mohammad farajiha; mohammad roshan
Abstract
According to empirical studies, the process of investigation and traditional and retributirism magisterial decisions have not been effective in finding the appropriate answer and reducing the inflation of domestic violence cases despite its high costs; Since the point of view of the above-mentioned criminal ...
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According to empirical studies, the process of investigation and traditional and retributirism magisterial decisions have not been effective in finding the appropriate answer and reducing the inflation of domestic violence cases despite its high costs; Since the point of view of the above-mentioned criminal justice system has been only to deal with the substantive issues of the lawsuits and apply the rule to them. Attempts to solve this problem and apply alternative views had to the proposal of a new approach under the title of problem solving with components such as rethinking the role of the judge in many countries under the common law system. The current research deals with two main issues through the aforementioned approach: First, what is the evolution of the judge's role in problem solving approach? And second, to what extent have the effects of this evolution been recognized in Iran's legal system? To answer them, the method of content analysis of legal documents and documents, including judicial cases (15 samples) in the summer of 1401, was used in the Justice Complex of Razavi Khorasan province. Also13 hearings were also observed and investigate the attitude of criminal justice authorities, 30 judicial activists and lawyers and a number of victims interviewed using the in-depth interview method. The findings of the research showed that in the approach of problem solving, in the criminal justice system of Iran, the judicial procedure of some judges, although unknowingly and unsystematically, has the characteristics of problem solving with different degrees
Philosophy of Law
Masaud Amasi; Ahmad Vaezi
Abstract
The modern legal system in Iran has always been influenced by the textualism movement and legal formalism. The interactive resultant of these two currents has led to a kind of legal positivism in the Iranian judicial system, according which judges must present their judgment with formal judicial logic ...
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The modern legal system in Iran has always been influenced by the textualism movement and legal formalism. The interactive resultant of these two currents has led to a kind of legal positivism in the Iranian judicial system, according which judges must present their judgment with formal judicial logic and within the framework of legal textualism. These assumptions lead us to the main question of this article, which is the nature of legal textualism and legal formalism and how they affect the rule of legal positivism in the Iranian judiciary System. In this article, we will first use a descriptive method to discuss the concept of legal textualism and legal formalism and legal positivism in order to be able to analyze the rule of paradigm based on these concepts on the Iranian judicial system and its consequences. The findings of this study will reveal that the rigid approach to law and the method of judicial inference is not always in line with legal ideals and justice. The other findings of this study will reveal interactive resultant of the textualism movement and legal formalism in the Iranian judicial system is the rule of kind legal positivism, which has confused the ontological, epistemological and anthropological foundations of legal systems based on the principles of modernity with the Islamic legal system in several principles of the constitution and ordinary laws.