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Author(s): 

Hajidehabadi Ahmad

Journal: 

Private Law

Issue Info: 
  • Year: 

    2021
  • Volume: 

    18
  • Issue: 

    2
  • Pages: 

    251-275
Measures: 
  • Citations: 

    0
  • Views: 

    86
  • Downloads: 

    18
Abstract: 

In most juridical books and under “usurpation”, “retaliation” and “blood-money” chapters, jurisprudents have spoken of the two institution of “perpetration” and “causation” and enacted some rules, for example if both cause and the actual perpetrator exist, the actual perpetrator is responsible unless in cases in which cause is stronger. The two have been reflected in laws as well. Regarding perpetration, causation, and types of perpetration and etc., many discussions have been made in juridical and legal books. Some scholars such as Muhaqqiq Najafi (author of Jawahir al-Kalam) and Muhaqqiq Maraghi (author of ‘Anawin), however, are of the opinion that, since the terms “cause” and “the actual perpetrator” have not been used in hadiths and there is controversy between jurisprudents about definitions and instances of the two terms, discussion about causation and perpetration is a superfluous and verbal one and what is of importance is attributing damage or crime to someone, whether he is the actual perpetrator or cause. The present article studies and evaluates the scientific and practical differences which may be between the two institutions. Evidently, if it is proved that there are such differences then establishment of these two institutions and discussing about them are required. Otherwise, one has to accept the opinion of the author of Jawahir al-Kalam and the author of ‘Anawin according to whom discussing about the two is a superfluous one.

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Author(s): 

Zarinmehr Sadegh

Issue Info: 
  • Year: 

    2024
  • Volume: 

    15
  • Issue: 

    1
  • Pages: 

    191-215
Measures: 
  • Citations: 

    0
  • Views: 

    13
  • Downloads: 

    0
Abstract: 

The Muslim logicians have described the NECESSITY term in the NECESSITY signification as three different levels: The absolute NECESSITY, The evident NECESSITY as its general term, and the evident NECESSITY as its specific term. Using the descriptive analytical method, this journal has proved that by conditioning these levels, this signification wouldn't include six groups of concepts: 1- external non-necessary concepts 2- non-predicated concepts 3- particular concepts 4-separable accidents 5- non-evident(as its general term) necessary accidents 6- non-evident(as its specific term) necessary accidents that are not evident accidents(as its general term). These concepts can't be included in expression signification as well because they wouldn't be placed in the signification of complete or partial accord. The logicians' models for a bipartite division of expression signification aren't flawless and don't point out a solution for the universality of the division. Therefore, this journal has introduced a new division for expression signification in which the third group(after two groups of complete and partial accord significations) is called "external signification" and it includes the signification of NECESSITY as its subsequent.

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Author(s): 

FALLAHI ASAD ALLAH

Journal: 

Ma`rifat Falsafi

Issue Info: 
  • Year: 

    2009
  • Volume: 

    7
  • Issue: 

    1 (25)
  • Pages: 

    233-260
Measures: 
  • Citations: 

    5
  • Views: 

    836
  • Downloads: 

    0
Abstract: 

There is a disagreement between Ibn Sina and Khadjeh Nasir in analyzing universally negative conditionals. Ibn Sina considers them as “negation of NECESSITY”, while the latter thinks of them in terms of “NECESSITY of negation”. Khadjeh Nasir emphasizes the difference between the two positions, and deems the former more general than the other one, but Qutb Razi claims that, according to Ibn Sina’s works, they are equal, despite their difference in meaning.The author in this article tries to show first, in the discussion between Khadjeh and Razi, Khadjeh Nasir is right; second, by reformulating Ibn Sina’s arguments, one can realize an important formal flaw in his analysis; third, Ibn Sina’s answers to this flaw are not acceptable; forth, one may find another answer to this problem by the help of Ibn Sina’s analysis, but it also falls short of resolving the issue. Therefore, the question remains open for further endeavors.

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Author(s): 

SHOEMAKER SYDNEY

Issue Info: 
  • Year: 

    1998
  • Volume: 

    79
  • Issue: 

    1
  • Pages: 

    59-77
Measures: 
  • Citations: 

    1
  • Views: 

    277
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Journal: 

Clinical Ethics

Issue Info: 
  • Year: 

    2023
  • Volume: 

    18
  • Issue: 

    3
  • Pages: 

    285-286
Measures: 
  • Citations: 

    1
  • Views: 

    15
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

PARSAPOUR M.B.

Journal: 

NAMEH-YE-MOFID

Issue Info: 
  • Year: 

    2004
  • Volume: 

    9
  • Issue: 

    6 (40 LAW)
  • Pages: 

    141-158
Measures: 
  • Citations: 

    0
  • Views: 

    5131
  • Downloads: 

    0
Abstract: 

The article examines the status of NECESSITY in the law of torts. There is no doubt that NECESSITY precludes the harmful act from being characterized as faulty, and allows taking measures which are otherwise unlawful and illegal. But the question is whether it exempts the agent from its consequences. The issue has divided the legal systems. According to one view, NECESSITY does not preclude civil liability and the person in distress must remedy the damages suffered by the victim. It is true, however, that some legal systems grant the judges full discretion to consider equity in determining the extent of liability of the respondent.An alternative view holds that since in cases of NECESSITY, the act of the agent causing harm is taken to prevent a greater harm to him/her or to another, NECESSITY must be regarded as exempting the agent from civil liability.The above discussion notwithstanding, NECESSITY may, in certain circumstances, create obligations for some persons which cannot be studied within the framework of the law of civil liability; their justifications must be sought in other grounds of obligation.The author tries to examine the issue and clarify, to the extent possible, the ambiguities surrounding the issue.

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Author(s): 

FAZILAT MAHMOUD

Issue Info: 
  • Year: 

    2011
  • Volume: 

    4
  • Issue: 

    1 (11)
  • Pages: 

    65-74
Measures: 
  • Citations: 

    2
  • Views: 

    3443
  • Downloads: 

    0
Abstract: 

Mathnavi is an pistemological sollection written during 7th century (A.H) by molavi-though this work is nonornamentatiuely written in pure simplicity, yet it fails to make any relation with vedders, because of its usage of stream of consciousne and plof-multiplicity.Molavi points out the problems and their cau in the auther – vedder relations, and tries to mend this relation while introducing them to the vedders. This issue that is the relationship between mathnavi and the readers goes back to criticism, epistemology and rhetoric and also covers the ecstatic NECESSITY which is duly disussed in the present article.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    8
  • Issue: 

    4
  • Pages: 

    66-74
Measures: 
  • Citations: 

    0
  • Views: 

    919
  • Downloads: 

    0
Abstract: 

Background & Aim: Knowledge patterns in nursing are key foundation elements for the development of knowledge and practice. Carper identified four fundamental knowledge patterns; empirical, personal, ethical and aesthetic. Chain and Kramer added the pattern of emancipatory knowledge to Carper's patterns. The pattern of emancipatory knowledge in nursing has been neglected. The aim of this study was to familiarize nurses and nursing researchers with the pattern of emancipatory knowledge in nursing. Methods: This study was one of the types of non-systematic narrative review articles. First the keywords Emancipatory, knowing, knowledge, education, research, practice, caring, nursing were defined based on the mesh system and using "AND" and "OR". Search ISI, PubMed, Scopus, and Google Scholar. Finally, the search results included 7 books and 17 articles in the field of nursing knowledge patterns, philosophy, knowledge patterns, education, research and clinical practice of emancipatory knowledge. Results: Emancipatory knowing in nursing means questioning the nature of knowledge and the ways in which knowledge itself— or what is taken to be knowledge— contributes to larger social problems. The nurse critically addresses the issues facing the patient to correct social structures. Conclusion: The use of Emancipatory knowledge gives nurses the opportunity to take fair and equitable measures to improve the health of communities.

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Author(s): 

BABAEI MOHAMMAD ALI

Issue Info: 
  • Year: 

    2011
  • Volume: 

    -
  • Issue: 

    1
  • Pages: 

    115-136
Measures: 
  • Citations: 

    0
  • Views: 

    853
  • Downloads: 

    0
Abstract: 

Globalization has been raised as a process in various domains of living standards of Mankind and considering the extension of crime on international level, it is to be contemplated as a NECESSITY in the criminology domain as well.Versus the practical outcome of the development of information and communication technology, such extension has also invoked some negative consequences, providing grounds for commitment of many criminal actions on the international level.The criminal law has come to pay attention to such process for quite a time, however, criminology’s contemplation of such issues as globalization came a few decades late. Therefore, for the time being, with regard to the existing development in the variables of criminological studies, the inefficiency of such studies at national levels, and the NECESSITY for scientific independence toward state’s social and political considerations in the subject-matter and the contribution to the development of scientific activities of criminology at an international levels require that this science join the globalization, so that while carrying out research and studies on an international level, it would provide international solutions for a global community toward the issue of crime.Even though the need for transnational studies of the issue of crime is felt in Iran, very small steps have been taken towards globalization of criminology and benefiting from the achievement of such goal.In this article, we review the issue of globalization of criminology, the need for such globalization and the steps taken therefore, while taking into considering the actions of Iranian Government in the subject matter.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    -
  • Issue: 

    54
  • Pages: 

    133-150
Measures: 
  • Citations: 

    0
  • Views: 

    412
  • Downloads: 

    0
Abstract: 

Today, policymaking in the field of traffic laws is necessary to discipline traffic behaviors, especially in the field of motorcycles. Despite the increasing variety of motorcycles, especially the development of electric motorcycles and their various features, there is only one type of driver's license. In addition, given the widespread use of it in the country and the problems in society, including traffic, environmental pollution caused by traffic, increased fuel consumption in traffic, and challenges related to park space and the like, particularly in the countryside shows the inevitability of revising a motorcycle license. Therefore, the present study aims at identifying the different dimensions and explaining the NECESSITY of classifying motorcycle licenses in Iran. In this regard, using qualitative methodology and content analysis method and through documentary sources, he has examined traffic laws in different countries of the world. Findings show that in many countries motorcycle licenses are more than one type, and often three or four types, with different specifications being defined for each. In the US, this classification is often two (in different states), in China three, India, Japan, and the European Union four, and Turkey and Malaysia five. Therefore, in order to further regulate traffic behaviors and improve traffic culture, suggestions may include a serious revision of motorcycle license regulations and its classification into at least three categories.

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