Paper Information

Journal:   THE JUDICIARY’S LAW JOURNAL   SPRING 2012 , Volume 76 , Number 77; Page(s) 99 To 133.
 
Paper: 

THE IMPACTS OF BASIS OF BINDING CHARACTER OF A LEGAL RULE ON IT'S SOURCE

 
Author(s):  SHAHABI MAHDI, JALALI MARYAM
 
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Abstract: 

The basis, the source and the goal of a legal rule may be considered as the three main bodies of each legal system. Undoubtedly, for the formation of the concept of a legal system, a sort of relation and cohesion between the said bodies deems necessary. The source of a legal rule, or instrument of the expression of a legal rule, and also the goal of the rules and the legal institutions, in any legal system, are influenced by the basis and the source of binding force of the rules in the legal system, in question. In other words, any answer as to the source of binding character of a legal rule, either a metaphysical or realistic one, would affect the type of sources of the legal rule and even their functions, whether subjective role of the law or its objective one. The type of interaction and the relation between sources and the horizontal or hierarchical link between them, are both in religious and non-religious legal systems dependent on the nature and concept of basis as well as binding source of legal rules.

 
Keyword(s): LEGAL RULE, THE BASIS OF THE LEGAL RULE, THE SOURCE OF THE LEGAL RULE, LEGAL SYSTEM, LEGAL REALISM
 
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