حق و مصلحت (2) فارسی 1403

The present collection includes essays and writings that have been gradually formed and mostly published in the last ten years, after the publication of the first volume of Haq and Expediency. The topics of this collection revolve around the three axes of law, right, and value. Law is the backbone of the legal system. Therefore, understanding what the legal system is depends on understanding the nature of law. Such an understanding is not possible in a single and partial form. In other words, it seems that a more accurate understanding of the law can be obtained by understanding the concepts and adjacent normative systems. Also, normative concepts and systems are related to the realities in the "possible world" common to them. The set of mentioned elements provides the basis for the emergence of the theory of "critical legal realism", a theory that seeks to explain the concept and basis of law at a point between justice and reality. The concept of right, in the modern sense, is new in the geography of thought and normative systems. Of course, understanding this concept depends on knowing the various elements of the philosophy of truth. These elements are inevitably in a convergent relationship with each other. The aforementioned philosophy, in turn, is a part of the theory of justice. Rights and rights, from another point of view, are examples of value. Therefore, it is necessary to discuss law and the right to their denominator, and value, step by step. Solid and solid philosophies and theories in the normative fields, including in the aforementioned two areas, depend on adopting a relative position regarding "value". Mohammad Rasakh is an associate professor of philosophy of law and public law at Shahid Beheshti University.