نوع مقاله : علمی وپزوهشی
نویسندگان
1 استادیار دانشگاه مازندران، دانشکدۀ حقوق و علوم سیاسی
2 دانشآموخته حقوق عمومی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Iranian constitutional revolution is a pivotal moment in the formation of the country’s legal system. Encountering an autocratic regime, the constitutional movement was compelled to restrict the regime’s unbridled power; therefore, for the first time in Iran, a distinctive framework of governance was proposed. In transforming the autocratic regime to a state governed by “law”, the very concept of “law” had to be defined and formed.
The author believes that Javad Tabatabaei’s theoritical framework in analyzing thehistoty of legal and political thoughtin Iranis more coherent compared to others, thus making it an appropriate platform for deeper and further analysis.In Tabatabaei’s view, confrontation of traditional foundations is identified as a way of creating a new system of thought. These traditional foundations were Islam, Greek rationalism and Iranian civic tradition. Tabatabaei argues as the two latterdid not survivethrough time, Islam became the only remaining foundation in creating a new system of thought. Mostashar and Naini, two of the most important figures of the constititutional movement were investigated for representing this particular system of thought.
This article first claims Dr. Tabatabaei’s supposed traditional foundation is never realized or formed. The prominent figures chosen to showcase constitutional tendencies have antithetical basis for their ideas. Mostashar, following Western traditions, trusted mankind’s rationality whereas religious devotion was the main force in shaping Naini’s beliefs. The author suggests that Mostashar’s efforts to adjust the rationalist rules to native and islamic customes led him to suspect the origins of his own ideas. In pursuit of earliest concepts of law, the author focuses on Mirza Malkamkhan’s ideas. Malkamkhan had an important infulence on Mostashar’s views but unlike him, Malkamkhan never fell in the trap of missaprehension and misconception of the orignial concepts.
کلیدواژهها [English]
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