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Foundations of Legal Obedience: Natural and Analytical Jurisprudence Perspective

Authors :
Hasan Vakilyan
mohamad moghtader
Source :
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, Vol 24, Iss 77, Pp 9-45 (2023)
Publication Year :
2023
Publisher :
Allameh Tabataba'i University Press, 2023.

Abstract

Obviously, in all jurisdictions it is required for the people to observe the laws and regulations; however, at the same time they need to have convincing reasons to obey laws and regulation. Seeking their different interests, people sometimes may break laws. However, sometimes people believe that there are morally justifiable reasons to break laws. As a matter of fact, the research question of this paper is as follow: what is the nature of reasons that required people to observe the laws and regulations? Generally, natural lawyers stress on the strong relationships between law and morality and they stress on moral (Not legal) reasons. Despite that, as it will be shown, natural lawyers (Specially modern ones) and positivists have similar justification regarding the observing laws and regulations, in that both of them recognizing legal reasons for observing laws and regulations and denying the necessity and Sufficiency of moral reasons.

Details

Language :
Persian
ISSN :
23456116 and 24766216
Volume :
24
Issue :
77
Database :
Directory of Open Access Journals
Journal :
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Publication Type :
Academic Journal
Accession number :
edsdoj.1a3503c0ad8b478f95c08b7a68a02672
Document Type :
article
Full Text :
https://doi.org/10.22054/qjpl.2022.58543.2562