文章基本信息

标题：Legal Foundations of Modern State; The Idea of "Referring State to the Concept of Etzali Right"
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作者：Mehdi Rezaee ; Mohsen Ghaemi Kheragh
期刊名称：Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
印刷版ISSN：2345-6116
出版年度：2021
卷号：23
期号：72
页码：299-324
DOI：10.22054/qjpl.2021.53934.2460
语种：Persian
出版社：Allameh Tabataba'i University Press
摘要：Right is a meaningful, logical, and justifiable claim in the human realm, with the attribute of merit and the avoidance of the attribute of virtue, based on human dignity and honor. This concept, like a sword in the bottom of a drunken bell, is the basis for the rebirth of the state or the traditional order. In contrast, Etzali theology, contrary to the Kharijite or Ash'arite approach, while disturbing and struggling, has the concept of the right that the catalyst will be for the realization of the traditional order of the state and the advance towards the modern state. The proposed subject, without having a background and literature in pre-written writings, based on library studies and descriptive-analytical approach, to understand the form of right in the Etzali approach and its impact (as it is) on formation The modern State. This notion of Right, without regard to the modern state as a secondary and imposed nature, provides an epistemological basis for the formation of the modern state. This meaning, along with the divergence of Islam from the modern state in territorial dimensions, power-orientation and manifestations such as servitude, has considered the separation of the public sphere from the private sphere.
关键词：Concept of Right;Islamic Law;Mu'tazilites Theory;Modern State;Theory of State