The International Journal of Humanities

The International Journal of Humanities

The International Journal of Humanities, Volume 24, Issue 2 (2017) (مقاله علمی وزارت علوم)



Dispute Adjudication Boards: A New Approach to Dispute Settlement(مقاله علمی وزارت علوم)

تعداد بازدید : ۲۸۱ تعداد دانلود : ۲۴۶
In international construction contracts, in which huge financial, technical and human resources are needed, it is vital to solve all disputes at the site of project immediately. Dispute Adjudication Board (DAB) of the International Federation of Consulting Engineers or FIDIC which has been in use for a long time, particularly in the US, has remarkable success in avoiding prolonged arbitration or litigation. Board members are nominated by consensus at the time when the parties to the contract are focused on the agreement. They are independent with particular technical expertise appropriate to the contract. DAB is completely different from FIDIC’S old model construction contracts. DAB is close to arbitration and the enforcement of their decisions is almost similar. This is why legal evaluation of DAB’s decisions seems to be very important. There is no international convention for the enforcement of DAB decisions yet. However, finding ways to enforce them can accelerate the development of DAB in international contracts. Here the 1958 New York Convention as the most applicable and famous in the field of recognition and enforcement of arbitral awards can assist us in the procedure of evaluation and enforceability of those decisions. This article aims to study the development of DAB in one introduction, three main parts and a conclusion. Part One will show what a DAB is and discusses different kinds of DAB. Enforcement of DAB decisions will be looked at in Part Two. Finally, Part Three will review the possibility of applying the 1958 New York Convention to DAB decision. The Conclusion will follow with concluding remarks.

A Critique on Salmon’s Probabilistic Approach to Causation(مقاله علمی وزارت علوم)

تعداد بازدید : ۱۶۳ تعداد دانلود : ۱۹۱
Questions about the metaphysics of causation may be usefully divided into questions about the objects that are causally related, and questions about the causal relations themselves. For instance, is causation merely a physical concept? What is the connection between causation and probability? According to Wesley Salmon, an analysis of causation in terms of physical and causal relations of propensity is possible. But he replaces the notion of necessity with what he calls propensity. This approach to causality is consistent with a probabilistic approach. Another approach would be to reduce such relations to the physical causation. These questions should be resolved. As it turns out, in order to resolve these fundamental and metaphysical disputes, we can turn to a concept of causation that has been discussed within the Islamic philosophy. This approach treats causality as a rational and philosophical notion, and, in contrast to the probabilistic approach, it retains the necessity of causal relations.

Rationality from Mulla Sadra’s Viewpoint(مقاله علمی وزارت علوم)

تعداد بازدید : ۲۹۲ تعداد دانلود : ۲۰۷
Providing an exact explication of rationality in a way that would lead to the explication of the scope of rational discourse is among the most fundamental problems of philosophers. In the current essay the author struggles to reach a comprehensive definition of rationality via an exact description and analysis of ideas of Mulla Sadra (1571-1641) as the most significant philosophical figure in the Islamic world according to which one can present all human achievements in the domain of knowledge and science as manifestations of this rationality. Rationality in Sadra’s intellectual system represents a comprehensive term with an analogically graded meaning that in different levels of certainty guarantees the validity of applied, theoretical and intuitive sciences. This comprehensive perspective of the domain of rational discourse can put an end to many disputes on the exact sense of rationality and in doing so, it can bring about a basis for more interaction and sympathy among scholars in various branches of science and open the path for deeper dialogue.

Unsustainable Development Policies: Environmental Degradation and Threat to Human Security in Iran(مقاله علمی وزارت علوم)

تعداد بازدید : ۳۲۸ تعداد دانلود : ۲۶۳
Environmental security is one of the most important aspects of human security, which puts emphasis on sustainability of the developmental policies and that they should adjust with the environment as well as rights of future generations. Since threats to the human security mainly occur within environmental issues, this research- highlighting the relationship between human security and environmental security and pointing out the threatening causes and factors to the human security - has replied to the question that how has the environmental degradation endangered human security in Iran? This study shows adoption of policies like 1- Expansion of urbanization, 2- Population growth, 3- Consumerism and stressing the production increase, disregarding its consequences, and 4- Development of environmentally incompatible technologies have led to further utilization of fossil fuels as well as uncontrollable use of various environmental resources, increased pollution, and extensively damaged the environment which consequently endangered human security due to the severe dependence of human being to the environment.

The Role of Soul (Nafs) in Suhrawardi’s System of Light(مقاله علمی وزارت علوم)

تعداد بازدید : ۳۶۸ تعداد دانلود : ۲۱۲
Trying to understand the reality of the soul and its result (Self Knowledge Theology) has always attracted philosophers’ attention and has been regarded as one of the concerns of philosophical thinking. In this article, it is specified that the peripatetic philosophers, whether Greek or Islamic, have considered the soul as a chapter of naturalia and try mostly to comment on the soul’s powers and activities; they have not had any epistemological view of it. In contrast, Sheikh Eshragh closes the psychology to the theological discussions and looks at it from the epistemological point of view. His discussion is not about soul’s powers, but he provides a way to save the soul from the prison of the body and emancipate the human being from the darkness of material world. In the illuminationist philosophy, the theory of intuition was proposed for the first time (The substantial form), so it has discussed the nature of the soul from this viewpoint. Suhrawardi’s psychology isn’t a consequence of theoretical discussion, but it results from introspection and self-awareness that is possible only through the asceticism and controlling the dragon of carnal soul. It is soul which shows not only the Light of Lights, but it becomes divine and finally through this path he founds his luminous system. The system of being is realized through the epistemology of soul.

Cultural Citizenship in the Constitution of the Islamic Republic of Iran(مقاله علمی وزارت علوم)

تعداد بازدید : ۳۸۱ تعداد دانلود : ۲۳۶
Iran is a multicultural country that encompasses various ethnic, lingual and religious groups. The purpose of this article is to show how does the constitution of the Islamic Republic of Iran deal with the issue of cultural diversity? We used the method of conforming theory with sample. Cultural citizenship theories are also used as a theoretical framework to analyze the solution. The most important finding of this study is that the Constitution of Iran provides a two-layer solution for the issue of socio-cultural diversity. The lower layer comprises cultural politics of centralism which, in turn, is the result of domination of Islamic, Shiite, Persian, and patriarchal culture. In contrast, the upper layer comprises a combination of politics of wide recognition (especially in language and ethnicity areas) and politics of narrow recognition (especially religion, women, and vulnerable social groups). Although the constitutional solution has similarity with modern culture citizenship, some citizens (including ethnic, religious and sexual minorities) do not consider the complete autonomy.


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