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Journal: 

Public Law Research

Issue Info: 
  • Year: 

    2024
  • Volume: 

    26
  • Issue: 

    83
  • Pages: 

    175-214
Measures: 
  • Citations: 

    0
  • Views: 

    19
  • Downloads: 

    0
Abstract: 

Introduction The concept of public rights is commonly understood as the rights of the general public. However, when scrutinized more closely, this notion becomes somewhat ambiguous, leading to questions and disagreements among legal doctrines and jurists. This ambiguity revolves around the precise definition of the term, its instances, and its scope, such as whether it pertains solely to criminal law or extends to non-criminal law. Examining the scope of public rights reveals numerous and sometimes conflicting interpretations. Legal and judicial opinions on the scope of public rights generally fall into two general yet conflicting approaches, namely narrow and broad. Given the divergent viewpoints, it is crucial to adopt a valid interpretive approach within the legal system to establish a systematic framework aimed at reaching an understanding. Objective Consequentialism, as a normative-based interpretive method, serves as a valuable theoretical tool for evaluating these approaches. In this line, the present study sought to address the following research question: Which of the two approaches, narrow or broad, to the scope of public rights is deemed acceptable from the perspective of Objective Consequentialism? Literature Review Legal and judicial opinions concerning public rights can generally be categorized into two competing approaches. On one hand, there are viewpoints advocating for a narrow interpretation, which suggests limiting the scope of public rights in times of uncertainty. On the other hand, there are perspectives that advocate for a broader understanding of public rights, incorporating a wider range of interpretations and instances. Although there is no coherent and methodical discussion on this matter in legal literature thus far, various schools of legal interpretation have debated different methods, such as Objective Consequentialism. In Objective Consequentialism, the focus lies on discerning the purpose of the law, so the interpreter, whether a judge or a lawyer, seeks to deduce the purpose of the law from the text itself and other relevant sources. Subsequently, they interpret provisions of the law in light of the general purpose. In this method, justification for interpretation is grounded on the Objective purpose behind establishing the rule. The purpose of the law can be inferred from the very text of the law, including its title, preamble, or relevant chapters. Furthermore, the purpose may be predestined or assumed, with implications being inferred through logical or judicious readings of the text of the law—based on the premise that the legislator is judicious. Therefore, it is assumed that the legislator has intended for legal provisions to have meaningful effects rather than being rendered null or futile. Objective Consequentialism seeks to uncover the underlying purpose behind a given law or provision.     Materials and Methods The present study relied on Objective Consequentialism, which is an interpretive method based on the normative ground, in order to evaluate the two approaches concerning the scope of pubic rights. The study aimed to address the following research question: Which of the two approaches, narrow or broad, to the scope of public rights is deemed acceptable from the perspective of Objective Consequentialism? Results and Discussion According to Objective Consequentialism, fostering a broad understanding of the concept of public rights while maintaining a systematic view of functions of the judiciary body can result in an appropriately balanced understanding aimed at claiming public rights. The present study synthesized the opinions sharing a common essence and overarching direction, discussing the existing legal approaches regarding the scope of public rights. Additionally, considering the principles of the Constitution, a hypothesis (called the conceptual approach derived from purposiveness) was formulated and tested about the distinction between the scope of public rights—as outlined in the Constitution—and the restoration of public rights. The scope of public rights can be either narrowed or expanded, considering the purpose of the law and of justice outlined in each instance, as well as the implications derived from a judicious interpretation of the law. Conclusion Public rights can be re-evaluated with an eye to the purpose of the law, hence interpreted as rights and interests arising from the Objective goal of the law. In this light, the scope of public rights becomes meaningful considering the purpose of the law, the justice it guarantees in each instance, and the implications stemming from the judicious interpretation of the law. Therefore, there two central points here: rights (the conceptual standpoint) and the negation of oppression and injustice (the functional standpoint). From the conceptual standpoint, public rights extend to legal rights. Yet the functional standpoint would include those instances of rights that have been or are about to be unjustly taken away from their rightful owners, making it impossible for the beneficiaries (whether individuals or groups) to reclaim them.

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Author(s): 

movahedi mohamad javad

Issue Info: 
  • Year: 

    2016
  • Volume: 

    6
  • Issue: 

    21 (43)
  • Pages: 

    159-177
Measures: 
  • Citations: 

    0
  • Views: 

    837
  • Downloads: 

    0
Abstract: 

Deontological theories are better understood in contrast to Consequentialist theories and are commonly used in moral philosophy to refer to non-Consequentialist moral conceptions. While Consequentialism specify right action based on good consequences، deontologism is claimed that although Goals and means of achieving to them are intrinsically associated with the practice، However، there are other important features that determine the actions are right or wrong. Consequentialism are divided two theories of act and rule Consequentialism both theories are agree that evaluate action based on results and outcomes but، What would be the main criterion for evaluating، are disagree. Based on act-Consequentialism، Review and assess the person's agent or his judgment، the criterion for determining right or wrong action but، Based on rule-Consequentialism، rules and general maxims are determine what to do action is right. In this article، we will examine and evaluate a rule-Consequentialism.

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Author(s): 

HOOKER B.

Journal: 

MIND

Issue Info: 
  • Year: 

    1996
  • Volume: 

    105
  • Issue: 

    -
  • Pages: 

    531-552
Measures: 
  • Citations: 

    1
  • Views: 

    152
  • Downloads: 

    0
Keywords: 
Abstract: 

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Author(s): 

MOVAHHEDI MOHAMMAD JAVAD

Issue Info: 
  • Year: 

    2010
  • Volume: 

    53
  • Issue: 

    216
  • Pages: 

    155-179
Measures: 
  • Citations: 

    2
  • Views: 

    9848
  • Downloads: 

    0
Abstract: 

Deontological theories are better understood in contrast to cosequentialist theories and are commonly used in moral philos­ ophy to refer to non-cosequentialist moral concep­ tions. One of the most important implications of deontologism is that a person's behavior can be wrong even if it results in the best possible consequences. In deontological theories, the obligation derives from the nature of the action itself, but, in consequential theories, this obligation is out of the action and a posterior to that. In action, for the deontologist, the preference is with agent’s intention and will, but, the cosequentialist considers only the results and consequences of action. In this article, we will explain and analyze both of deontological and cosequentialist theories. Then, we will examine the relation between these theories. Recent moral philosophy shows much interest in the problem of how deontological constraints are to be reconciled with Consequentialism.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    17
  • Issue: 

    2
  • Pages: 

    192-195
Measures: 
  • Citations: 

    0
  • Views: 

    93
  • Downloads: 

    21
Abstract: 

Background: Two new ethical philosophies called "moral consequence" and "moral duty" are two important theories in normative ethics. The purpose of the present study is to compare the moral consequence and ethical duty in the gender of Iranian certified accountants. Method: The present study was one of the post-event studies. The statistical population of this study consisted of the members of the Iranian Society of Certified Public Accountants in 1397 from whom a sample of 318 persons was selected using available sampling. The research instrument was a researcher-made questionnaire and the data were analyzed using independent t-test. Results: According to the findings, there is a significant difference in gender-based accountability and ethical consequence in the community of accountants. Conclusion: Analysis of the findings showed that accountability and moral consequence were higher among women accountants than men and that women had higher levels of moral obligation and consequence.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    4
  • Pages: 

    135-150
Measures: 
  • Citations: 

    0
  • Views: 

    40
  • Downloads: 

    9
Abstract: 

A B S T R A C T Green city is one of the approaches to sustainable development. “green city” is an environmentally friendly city compatible with the concept of sustainable development and can be used for the welfare and security of its inhabitants. Based on the concept of a “green city,” urban managers try to have the least destructive effect on the ecosystems upon which cities rely. Green city is one of the sustainable development approaches that reduce the environmental footprint of cities. The purpose of this study is to evaluate the situation of Mashhad metropolis in terms of the Objective characteristics of the green city. In this study, 14 indicators of electricity consumption per capita, green space per capita, population density, water availability, sewage availability, superior public transportation network, urban mass transportation, traffic reduction, annual production waste per capita, carbon monoxide, concentration nitrogen dioxide, sulfur dioxide concentration, particulate matter concentration, and air quality were exerted. To determine the importance of research indicators, the Shannon entropy method, and the status of Mashhad city areas in terms of green city indicators, the VIKOR multi-criteria decision-making method has been applied. The results showed that most areas of Mashhad are average and below average in terms of green city characteristics, and only District 9 is in very good condition (0.636). Also, based on the results of this part of the research, District 5, with the value of VIKOR index of 0.969, is in the last rank in terms of Objective characteristics of the green city Extended Abstract Introduction Green city is one of the approaches to sustainable development. A “Green city” is an environmentally friendly city compatible with the concept of sustainable development and can be used for the welfare and security of its inhabitants. Based on the concept of a “green city,” urban managers try to have the least destructive effect on the ecosystems upon which cities rely. Green cities constantly try to manage their environmental effects by reducing waste, increasing recycling, reducing air pollution, increasing population density, developing open urban spaces, and encouraging the development of sustainable local businesses. Green cities were first used to evaluate 30 European cities by the Economist Intelligence Unit (EIU) in 2009 with the financial support of Siemens and the aim of reducing the environmental effects of human activities in cities. In that study, eight indices of carbon dioxide, energy, construction, transportation, water, recycling and land use, air quality, and environmental governance were used. Later, the Economist Intelligence Unit, with the financial support of Siemens, evaluated the status of the green city index in 17 Latin American cities, 15 African cities, 22 major Asian cities, and 27 cities in United States, Canada, Australia, and New Zealand. In recent years, even some Western Islamic scholars have, in various publications, shown that Islam is an ecological religion. In Iran, the issue of protecting the environment has not received much attention regardless of its rich cultural and religious background and its confirmation in Article 50 of the Constitution of the Islamic Republic of Iran. Mashhad is the second metropolis of Iran, located in North-East of Iran, and is one of the counties of Khorasan Razavi Province. According to the 2016 Iranian Population and Housing Census, its population was 3057679 people (The Vice-Presidency of Planning and Development of Mashhad Municipality). In Mashhad, due to several reasons including the presence of Imam Reza Shrine (PBUH) and arrival of millions of pilgrims per year, population growth, increased garbage production (production of 896534 tons of garbage in 2016 (The Vice-Presidency of Planning and Development of Mashhad Municipality), air pollution (increased number of unhealthy days from 46 days per year in 2015 to 88 days in 2016 for sensitive groups and 4 days of unhealthy air for all groups in 2016 (Center for Monitoring Environmental Pollutants of Mashhad Municipality) the 2025 vision of the city has paid attention to the environment in the form of five general Objectives; however, just like the national level, no specific pattern for environmentally-compatible urban development, such as green city, is determined. Analysis of the green city index in Mashhad metropolis can considerably contribute to urban managers and planners in addition to providing a pattern for evaluating the present situation in other cities of Iran and improving the quality of life regardless of the current status of the urban environment in Iranian cities; we can preserve these environments as parts of the natural environment for future generations.   Methodology In terms of its goal, the present study is an applied one; in the study, drawing upon other studies and library sources and considering the conditions of Iran and the metropolis of Mashhad in terms of green city, 14 quantitative indices were exerted. To this end, the required data for the quantitative indices was gathered by library research from the relevant institutions. Next, the weights of quantitative indices were determined using Shannon's entropy. Then, using the VIKOR method of multi-criteria decision-making, the status of various districts of the metropolis of Mashhad in terms of quantitative indices of green city was determined. Finally, the map of the spatial distribution of quantitative indices was drawn using the ARC GIS software package.   Results and discussion In this study, to analyze the status of the metropolis of Mashhad in terms of green city features, 14 quantitative indices were used. Considering the value of the VIKOR index ranges from 0 to 1, various districts of Mashhad can be classified into five categories; very satisfactory, satisfactory, average, unsatisfactory, and very unsatisfactory in terms of quantitative indices of green city. The results of the current situation of Mashhad showed that in terms of Objective indicators of the green city, District 9 of Mashhad metropolis with a value of VIKOR index of 0.056 is in first place, and the seventh region with a value of VIKOR index of 0.433 is in second place. Also, based on the results of this part of the research, District 5, with the value of VIKOR index of 0.969, is in the last rank in terms of Objective characteristics of the green city.   Conclusion Similarly, the results of studies by Afshar (2011) and Shabani et al. (2017) on Tehran metropolis are indicative of the unsatisfactory situation of Tehran (the biggest metropolis of Iran) in terms of green city features. Comparing the results of the studies by Afshar (2011) and Shabani et al. (2017) with the present study on Mashhad (the second biggest metropolis of Iran) reveals the necessity for a comprehensive plan toward achieving green cities. It should be mentioned that, due to the specific conditions of Mashhad metropolis and availability or unavailability of the required data, the indices used in the present study are somewhat different from the ones used by Afshar (2011) and Shabani et al. (2017).   Funding There is no funding support.   Authors’ Contribution All of the authors approved the content of the manuscript and agreed on all aspects of the work.     Conflict of Interest Authors declared no conflict of interest.   Acknowledgments We are grateful to all the scientific

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Journal: 

Bioethics Journal

Issue Info: 
  • Year: 

    2016
  • Volume: 

    6
  • Issue: 

    19
  • Pages: 

    7-25
Measures: 
  • Citations: 

    0
  • Views: 

    1059
  • Downloads: 

    0
Abstract: 

One of the most important issues in normative ethics is investigation and explanation of the problem Consequentialism and Deontologism. Many intellectuals have focused in the West and the Islamic world (partly) on this issue and researches also have remained. The problem Consequentialism and Deontologism one of the valuable researches that can be applied as beginning in the teachings of Islam, especially in the realm of ethics .The fact that ethical Islamic propositions related to Consequentialism or Deontologism itself is very important and in this area researches demands to be done. In many ethical doctrines Islam, such as Qur'an, the sayings of Imams clearly referred to deontologists and in some doctrine is provided to Consequentialism. In this research we sought to investigate the important point that the ethical doctrines of Islam, related to Consequentialism or Deontologism. In addition to be important the pursuit of the fact that Islam is considered in the discussion of ethical education, Consequential or De-ontological. To achieve this Objective, descriptive - analytic method has been investigated to investigate this issue with a focus on religious texts especially the Holy Qur'an. The results of this study, the separation between the two fields of Islamic teachings the field of relationship with God Deontologism and Consequentialism in society and people sphere.

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Author(s): 

AFZALI A.M.

Issue Info: 
  • Year: 

    2004
  • Volume: 

    47
  • Issue: 

    191
  • Pages: 

    1-18
Measures: 
  • Citations: 

    0
  • Views: 

    10542
  • Downloads: 

    0
Abstract: 

The two terms "Objective" and "subjective" nowadays mean, respectively, "external" and "mental". But these terms in their primary usage in Middle Ages (from Dunes Scotos) have had exactly the opposite of today"s meaning: "Objective" has meant "mental;""" and "subjective" has meant "external". These old (and nowadays completely strange) meanings have been current in philosophical literature, especially in Descartes and his contemporaries, e. g. Spinoza and Berkley. This paper tends to argument that the word "Objective" must be taken as meaning "mental" in Descartes" philosophy (and other philosophers" up to 19th century), and not to confused with its modern meaning (i. e. "external").

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Author(s): 

Peik Herfeh Shirzad

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    45
  • Pages: 

    250-266
Measures: 
  • Citations: 

    0
  • Views: 

    87
  • Downloads: 

    13
Abstract: 

Dēnkard (Acts of the religion), written in Pahlavi, is a summary of 10th-century knowledge of the Mazdean religion and is described by Jean de Menasce on the title page of his translation as a ‘Mazdean encyclopedia.’ The Dēnkard VI (Book VI of the Dēnkard) is representative of late antique and early medieval Zoroastrian ethical ideas. This article analyzes Book VI of the Dēnkard based on modern moral philosophy and introduces it as a candidate for early Consequentialism and capitalism. The first generation of Iranian studies scholars in the late 19th and early 20th centuries such as Buch, Darmesteter, and Menant were aware of these concepts and even explained some of them, but the next generation did not take them seriously. This article also analyzes paymān (the ‘right measure’), that is the ancient Iranian ‘golden mean,’ in Book VI of the Dēnkard and shows the similarities and differences between paymān and the Aristotelian ‘golden mean.’ Probably, due to the biblical tradition in the interpretation of ancient religious texts or the anti-utilitarianism and anti-capitalism atmosphere in the second half of the 20th century, many scholars like Shaked inclined to the view that paymān is the main ethical principle of the Dēnkard VI and neglected its consequentialist and capitalist concepts.

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Author(s): 

Hojjat Minoo

Issue Info: 
  • Year: 

    2019
  • Volume: 

    21
  • Issue: 

    1 (79)
  • Pages: 

    121-142
Measures: 
  • Citations: 

    0
  • Views: 

    309
  • Downloads: 

    197
Abstract: 

In recent decades, one of the challenges facing morality is its alleged conflict with what are among the most important contributors to human well-being. It is claimed that adopting moral theories may alienate one from that which makes one’ s life worthwhile, such as her affections, her personal commitments, as well as from other people. In his paper, “ Alienation, Consequentialism, and the Demands of Morality” , Railton attempts to answer this objection from a consequentialist point of view. For this purpose, he has formulated a new version of Consequentialism, which he calls “ sophisticated Consequentialism” . This version, he thinks, avoids the problem of necessitating alienation. This paper first provides an explanation of Railton’ s formulation of Consequentialism and then goes on to criticize the solution he has devised for the problem of alienation by using this formulation and while showing certain incoherencies in the proposed formulation, refuses to accept it as a new version of Consequentialism. It is also argued that there are problems in how Railton’ s account solves the problem of alienation which ultimately render it non-consequentialist.

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