justice

Plato is the first philosopher who states his political views in a sound philosophical system. The testimony to this statement is his two important works, i.e. Republic (Politeia) and Laws (Nomoi) in which one can trace his political views. Plato’s political writings indicate that his life as a great philosopher has never been devoid of the political and social issues of his time. The fusion of politics, metaphysics, ethics and education in Plato’s works demonstrate that he was involved in political and social problems in an important and eventful period. Since no thought is created without passing through the historical bottlenecks, an attempt is made here to examine the impacts of Greece’s eventful and flourishing period, i.e. the fifth century B.C., on Plato’s political views as the recognition of the effective factors influencing the views of a philosopher which will help the researcher understand the historical trends.

One of the most challenging issues in medical ethics is a permission or prohibition of euthanasia. Is a patient with an incurable disease who has lots of pain permitted to kill oneself or ask others to do that? The main reason advanced by the opponents is the absolute prohibition of murder. Accordingly, the meaning of murder plays a key role in determining the moral judgment of euthanasia. The aim of this paper is to confirm the role of intention in moral judgment of euthanasia and eliminate the name of unjust murder from voluntary euthanasia. The Intention of an agent determines the name of the act and whether it is right or wrong. An important point that dose not taken into account in the definitions of murder, killing as well as their ethical judgment is considering the attributes of being unjust and forcible. Killing a human being is neither intrinsically good nor bad, but its ethical judgment depends on the way that happens, i.e. just or unjust. Every killing is neither bad nor unethical except unjust one which is both bad and unethical. The attribute of “unjust” has been mentioned in the definition of murder in Islamic jurisprudence, law, traditions, and Quran. Owing to this argument, on one hand, it is true to state that voluntary euthanasia is not unjust and forcible murder (the test of correct negation), and on the other hand, it is not true to say that voluntary euthanasia is unjust and forcible murder (the test of incorrect predication). It can be concluded that voluntary euthanasia is an independent title other than unjust murder and does not have its judgment.

Mir Sayyid Ali Hamadani is a great Muslim mystic of the 8 th century AH (14 th century AD). He has left several manuscripts focusing on mystical teachings and we can recognize his attitude toward the issue of justice in these works. Therefore, the main question of this article is: what is the relationship between mysticism and justice in the political thought of Mir Sayyid Ali Hamadani? Our hypothesis is that, there is a positive longitudinal relationship between mysticism and justice in the thought of Hamadani. According to the foundations of his ontology and anthropology and his definition of mysticism and human’s felicity, the issue of justice itself is one of the pillars of the voyage toward God. The data of this research are gathered by the library method. Also, we have used Abd al-Qahir Jurjani's method The Theory of Order, to obtain an integrated knowledge about various components of Hamadani's thought as well as Franklin Le Van Baumer’s The Climate of Opinion, to deepen the historical aspects of our research. Findings of this research show that by using The Theory of Order, we can clearly see the link between mysticism and justice in Hamadani's thought. Moreover, the study of the intellectual atmosphere of the time shows that majority of Muslim mystics, considered the issue of justice as one of their teachings.

In his Nichomachean ethics, Aristotle has introduced Friendshiop (philia) as a civic virtue higher than justice. After Aristotle, Latin and Iranian thinkers articulated on the notions of “Amiticia” and “Dusti” as equivalent to Aristotel’s philia. In the modern times, while justice was regarded as legal system protecting individual rights, Friendship was reduced to a personal concern and was confined to private sphere of life. In recent time once again friendshiop has entered the intellectual melieu both in Iranian and German culture. In this paper three models of Friendship, namely Phronetic, Erfanic, and Phenomenological, are analysed, and, according to what these models pertain to, it is suggested that as regards convergence, it can be brought about by Friendship more than by Justice.

Many social sciences researchers call the presence of democratic parties and systems as two faces of a coin; they regard the development and survival of democratic parties and procedures related to each other. In Iran's cultural and political domain, the participation party presented itself as a significant movement in its socio-political sphere. This party has introduced itself as the defender of Islam in the region and the world. This research emphasizes two categories of structure and performance than the two flows of Iran's participation party and turkey's Justice and development party using an analytical – descriptive method. In response to the research question ‘what are the similarities and differences of the participation party and the Justice and development party in terms of structure and performance?’ presented this hypothesis that the participation party and the Justice and development party lacked a similar party structure. The difference between them is that the participation party has less coherence and antiquity than the justice and development party. Both parties have an Islamic approach; with the difference, the participation party has a variation in trend (national and Islamic) with a no secular system. The Justice and development party enjoy a single direction (Islamic direction) with a secularist approach.

Peaceful co-existence is a universal but elusive aspiration. Despite the search for tools to create a peaceful world, conflict remains between nations and within nations. The fostering of peace is a question to which scholars, religious leaders and politicians put their minds, but despite this attention the paradox remains that there is little evidence that local and global conflict have subsided. Ideally the key to providing solutions can be found in the tenets of the world’s major religions and cultural traditions and in the musing of some of the great philosophy voices of past and modern times. Regrettably these tenets are often absent in education systems where there are limited endeavours to encourage young people to think locally and globally about social justice, peace and human rights. Many of the current ways of imparting knowledge of human rights and peace are limited, with the emphasis on the legal aspect alone and on international instruments such as the Universal Declaration of Human Rights (UDHR). Although the UDHR is an inspiring document given that its creation stemmed from a commitment to all humanity, its uncritical acceptance negates the critiques about western dominance. Arguably, unless humankind can find a way to grapple with the tension between universal and relativist approaches to human rights by acknowledging diversity, the search for peace and social justice will be limited. This paper contemplates the creation of human rights understandings beyond legal constructs to explore how human rights concepts can be invoked through education to reduce ignorance, prejudice, religious intolerance and fear that detracts from the goal of peaceful co-existence. It explores the question of responsibility to ‘the other’, a form of responsibility that is not apparent in the clash of cultures and the conflict between nations. The paper suggests a schema for human rights understandings based on philosophical, political, historical, anthropological, legal and practical approaches to human rights. This includes forging the connection between theory and practice; engaging in critical pedagogy through a process of collaborative dialogue and inquiry; being familiar with the historical origins of human rights and their application; and understanding that concepts of human rights are found in every cultural and religious tradition.  In advocating such a schema it draws on examples that present barriers and prospects and in so doing outlines the endeavours that take place in the inter-disciplinary Master of Human Rights program at Curtin University in Australia as a model that may be adaptable to other contexts. The paper concludes by suggesting practical ways in which the schema could be enacted including through a lifetime educational commitment to human rights through historical and philosophical understandings, inter-faith dialogue and cultural exchanges.

Politics and the political system have the best opportunity to fulfil justice in achieving lofty human ideals. Therefore, complete justice in various dimensions is possible through the policy of justice and its rulers. With the descriptive-analytical method, the present study aimed to analyze and identify the existing relationships between politics and justice in Imam Khamenei's political jurisprudential thought. To this aim, investigated the role of politics in the fulfillment of social justice, political requirements of justice, politics, and obstacles to the realization of justice, and statements expressing the relationship between justice and politics. The results indicated that in Imam Khamenei's political jurisprudential thought, justice has a privileged position. So, it is the basic principles of his political jurisprudence, the essence of virtue, and a strategy to achieve high human goals and standards. As the most crucial dimension of the divine caliph of humans, politics or responsibility of his collective destiny caused the manifestation of justice realization and continuation. Justice is achieved through an open political system, that is, a system based on divine laws, and through principles such as just law, enforcement, oversight, public participation, and social balance.

By examining the conditions of possibility and refusal, the present study aimed to answer the main question 'Under what conditions, spiritual civilisation in the contemporary world becomes possible?'. In the timeological assessment of the civilisational situation, referring to the loss of the "Positive Aspect of Modern Civilisation" and its continued bio-negative in the absence of alternative models limitations, it examines the "Modern Position of Civilisation" in terms of universal basis and valuable theoretical framework different from current literature in modern and non-modern research civilisation. By creating a distinct consciousness organisation, do not block the path of spirituality in civil and civilised life, without eliminating science and technology, overlap with the universal needs of the world. And also create different formulations of civilisational actions, structures and relations that make the way of facing the world and science and technology meaningful, distinct and religious. Therefore, systemic Ijtihad and "Divine Verses" present the new spiritual civilisation's conceptual and theoretical organisation. In this context and with a critical approach, it recreates the Islamic Revolution's software infrastructures and civilisation-making organisationware.

The deepest and most rooted form of racism can be found in the Bible which claims the superiority of a race as God's demand or divine destination. But this idea survived in modern philosophy by appeal to the different methods. In this paper I will introduce methods of justifying racism, most of which are in the philosophical context. Legal racism claims that some races have not enough reason to be members of civil society and enjoy their rights. Racism in its historical method, claims that the history of thought has shown that some races play a major role in the production of thought and this is a result of their superiority. In philosophical method, it is argued that some of the human capabilities in some species have not been activated and finally in scientific method, it is claimed that the superiority of one race in the struggle for survival is a scientific achievement of the scientific laws such as Evolution hypothesis.

Justice is one of the old topics in the human thought history. It has occupied the minds of thinkers throughout history and they has offered various opinions about it. In Islamic thinkers, justice is one of the most important and controversial concept. In Shiite thought – that have historically relied less on government - it has been reduced as individual subject. After the victory of the Islamic Revolution in Iran and the formation of the Shiite government, it became necessary to present social ideas to govern the government in various fields. Ayatollah Mahdavi Kani is one of the jurists and thinkers of the Islamic Republic, who has expressed theories about justice based on Shiite teachings and the Holy Quran. By collecting his views in the field of justice and categorizing them, the researcher seeks to explain Ayatollah Mahdavi's views on justice. He defines justice as meaning giving the rights of others and believes that this level of justice of individuals has strengths and weaknesses that increase or decrease in proportion to the responsibilities and duties of individuals. In the following, two steps of justice, ie revolutionary consciousness and culture, are pointed out, and finally, the increase of social capital, the establishment and survival of governments, and the growth and introduction of capital and economic growth as political effects of justice in society are explained.

Introduction: Philosophers consider justice to be the moral virtue of society; That is, just as honesty, truthfulness and trustworthiness can be considered the virtues of individual ethics, justice is also the virtue of a society; Therefore, both morality and justice can be considered as the characteristics of an individual or society, especially justice has a special and distinct social aspect and is considered the society's morality. Justice is one of the concepts about which various theories have been proposed and people have presented various programs to realize it. Liberal democracy, which after the renaissance, religious reformism, and the enlightenment era, gradually opened its foothold in the theories of human sciences and historical developments, is the source of a kind of intellectual tradition known as humanism, and with this approach, it promotes a special discourse of justice. Considering this, the article was formed with the aim of investigating the concept of justice as a moral virtue of societies in the discourse of liberal democracy. Material & Methods: In this research, data collection was done in document-library form and data analysis was done with the "discourse analysis" method and based on the theoretical framework of " Laclau and Mouffe's discourse analysis". Conclusion: Theorizing about justice in the discourse of liberal democracy is influenced by the approach that places individual freedom, private property and humanism as the basis. The concept of justice in this discourse is based on ontological and epistemological foundations. Liberal democracy believes in instrumental rationality, absolute profit, individualism, welfare, individual inequality.

Justice has always been the most basic issue and the most important ideal of man since the beginning of civilization on earth, and for this reason, humans have tried to turn it into reality. Parallel to this importance, the thinkers of every age have tried to explain the limits and gaps and realize it. Because the lack of justice in the society causes the emergence of discrimination, oppression, corruption, and the lack of public consensus, and a society based on injustice and heterogeneity emerges. As a result, in order to pass from this society and move towards a healthy society where justice is based, idealistic thoughts are created to reach the desired society. This creates schools, movements and revolutions. This process shows the importance of the fact that in the process of the evolution of civilization, human beings have always had the concern of justice in front of them and it is not limited to a specific group or nation. People everywhere and at all times have the desire to achieve justice. In this article, while examining the origin of justice in the thoughts of John Rawls and Allameh Tabatabaei, this concept was compared from the perspective of two thinkers. Rawls from the contemporary West and Allameh Tabatabaei from contemporary Islam are among the most prominent philosophers and thinkers in the world who look at the concept of justice with different intellectual bases. But their theoretical output has similarities in the field of the concept of justice. In this article, using the hermeneutic recovery method, the challenges in the thoughts of Rawls and Allameh Tabatabaei in the field of justice were investigated.

Introduction: Justice and fairness are two basic moral concepts in law. All judges, in the performance of their judicial duties, have faced the demands of issuing "just" and "fair" verdicts many times, without perhaps paying attention to the meanings of justice and fairness. Therefore, in the present study, the place of fairness in fair proceedings has been examined. Materials and Methods: The current review is descriptive and analytical and based on a library study. Conclusion: The rule of fairness, which is the purpose of this research, means considering the circumstances and conditions of the case and involving them in giving the appropriate decision. In the Roman, Germanic and Common law legal systems, fairness is a concept that entered these systems from the past and means a decision based on the judge's conscience. In the common law system, equity is one of the sources of rights; However, fairness is not stated as a rule in Iranian law, and some jurists have proposed it as a source of law that is not written. On the other hand, this concept also has the characteristics of a legal rule and has many applications in law, so it can also be a legal rule

Introduction: Article 206 of the Civil Code considers a forced transaction with defective consent valid. However, Article 190 of the Civil Code states that consent is a condition for the validity of a marriage. In addition, the emergency circumstance in jurisprudence led to a series of rulings and duties. Materials and Methods: This study is descriptive-analytical and uses the library technique. Conclusion: When one of the parties to the marriage, who is aware of the emergency circumstance of the other party, abuses this circumstance with the motive of profit-seeking and brings the other party into the marriage due to an emergency, the marriage is unfair and legally invalid. Iranian law has several opinions on abusing the emergency circumstance of people and imposing an unfair contract on them, including the theory of validity, non-intrusion, termination, and validity with the condition of adjustment or annulment, out of which the theory of non-interference has been chosen because it is fairer and more compatible with justice and preserves the distressed person's rights. In Iranian law, comparing the general rules of contracts with the marriage contract indicates that exclusiveness does not guarantee invalidity and termination of the marriage contract. On the other hand, the validity theory supports distressed people's rights. Therefore, the latter theory, i.e., non-intrusion, that guarantees fair execution when abusing distressed people and is accepted in the general rules of contracts, can be extended to the marriage contract as well.

Clarification of the legal and religious status of property ownership rights and paving the way for elimination of defects and completing existing rules and therefore, expanding economic security as well as determining and explaining the limits of expropriation by religious legitimate government and religious statement of permission of such an action from the Islamic State and clearing objectives which cause political system ignore ownership of individuals and expropriation of them are among thing which are required to be reviewed in the Iranian legal system because article 1 of the urban land law approved in 1987 states that: “this law was passed in order to regulate and formulate issues related to land and increased supply and reforming and stabilizing its price as one of the major factors of production and public and social welfare and creating more accurate and wider backgrounds to maintain and exploit the lands as well as allowing for the implementation of Article 31 and meeting the goals set forth in Articles 43, 45 and 47 of constitution of the Islamic Republic of Iran to provide housing and public facilities”. Nevertheless, the author of this article is trying to answer this question that what are legal basis and purposes of expropriation and limiting urban lands ownership? To answer this crucial question; we will initially explain the concept of expropriation and then, we will review principles and legal reasons for permission for this action by the government and then, we will explain the purposes of expropriation and limiting land ownership. Legal Principles of expropriation and limitation of ownership of urban lands by the government are cases such as special powers of the supreme Leader, private owners being bound to observe the legal criteria, preventing injurious to others in the exercise of the ownership right and the necessity of observing Islamic standards in financial and economic affairs. Objectives of expropriation and Limitation of Urban lands ownership by the government are items such as Public service, avoiding loss of others and issuing fines and penalties (financial punishment).

The rights of citizens to provide Social justice, due to emphasis on the basic needs of human beings, known as one of the most fundamental principles in international documents of human rights and civil rights. It's indicators include the right to a fair life, right to health, right to education, right to social security, and right to work and employment, which in human rights documents, particularly in the International Covenant on Economic, Social and Cultural Rights, regarded as the second generation of human rights. Social justice, who has been noted specifically in the first, third and fourth chapters of Constitution of the Islamic Republic of Iran, are the same components that have been identified in international documents of human rights. These indicators will realize when all citizens have equal opportunity to take advantage of it. The government's obligation to support these rights is positive, and an obligation to urgent results and in some indicators the obligation of result, is increasing.