به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
دانش آموخته دکتری حقوق خصوصی دانشگاه تهران
کلیدواژهها
موضوعات
عنوان مقاله English
نویسنده English
The aim of this research is to conduct a comparative study to achieve a more precise understanding of law in two major periods of Iranian legal history: ancient Iran and post-Islamic Iran. Law is examined through its meaning, function, and purpose, with particular focus on the political element in both eras. The study highlights the differing relationships between Islamic law and Zoroastrian law with politics, then explores other characteristics of law that may stem from or connect to its political dimension or cosmological foundation. The notion of original sin, seen as the first transgression against law, is analyzed to understand law in extreme situations of violation. Another key issue is whether the identity of law depends on its form or its content, which marks a significant distinction between the two traditions. Criminal law and the role of punishment provide further insight into contrasting Iranian perceptions of law. Finally, the manner in which law developed in the history of Zoroastrian and Islamic jurisprudence reveals another aspect of divergence between the aforementioned eras.
کلیدواژهها English
