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Issue Info: 
  • Year: 

    2018
  • Volume: 

    82
  • Issue: 

    102
  • Pages: 

    263-288
Measures: 
  • Citations: 

    0
  • Views: 

    1381
  • Downloads: 

    0
Abstract: 

Public Law has some unique characteristics which draws a distinction between it and other branches of law. It proposes this question، that whether these characteristics provide a specific way of interpretation for public law. One can answer to this question that although public law does not have specific method of interpretation، it enjoys different interpretational schools in different ways. For example، nowadays، the inefficiency of Originalism in some area of public law is well demonstrated. In constitutional law، the key role of constitution as a most important document in distribution of power، freedoms and rights and its ambiguous and general terms presents some problems for Orginalism، which believes in determination of meaning. In administrative law، regarding the fundamental developments in the modern administration and the hesitation about some premises of it-such as rule of law and separation of power-Originalism faces with a crisis. Therefore، there are some growing trends toward dynamic ways of interpretation. This debate plays a pivotal role in distribution of power between judiciary and administrative institutions.

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

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Author(s): 

HEKMAT N. | DANYAI A.

Journal: 

SHINAKHT

Issue Info: 
  • Year: 

    2009
  • Volume: 

    -
  • Issue: 

    60/1
  • Pages: 

    85-112
Measures: 
  • Citations: 

    0
  • Views: 

    843
  • Downloads: 

    0
Abstract: 

Myth is not the primordial and naïve insight of man; rather it is the dominant rationale of immortal and sacred man: a rationale of “origin” and “repetition” which, in its precise and harmonious structure, elevates every trivial thing to the level of signifier of eternity. The necessity and preciseness of this rationale is only comprehended in comparison (contrast) to the historical paradigm. Mythical originalism wants to collect all the pluralities and differences in one origin and foundation and, through this, turn them into eternal identities and archetypes: identities which are the natures or timless secret of things. Each event is a primordial rarity: this return to a single (united) origin, in its own nature, has concealed the tendency towards unity and “totality”. Synthesis of this "originalism" and "Unitarianism" is achieving an anti-historical theory in a mythical perspective: in such a world the revealing of eternity is tied to "denial of history".

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

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    5
  • Issue: 

    15
  • Pages: 

    27-53
Measures: 
  • Citations: 

    0
  • Views: 

    852
  • Downloads: 

    0
Abstract: 

Preserving the Constitution of the Islamic Republic of Iran and its Islamic nature is the unique role of the Guardian Council. According to the last paragraph of principle 4 of the Constitution, determining the consistency of the laws with Islam is devolved to the jurists of the Guardian Council and Constitutional interpretation to the whole members of this council in accordance with principle 98. Important to examine the efficacy of the last paragraph of principle 4 and principle 98 of the Constitution regarding the legitimacy of the Guardian Council and Framed Understanding, consistency of the laws with Islam and Constitutional Interpretation. This article through a descriptive-analytic method examines the inefficiency reasons and doubts including the Circle doubt regarding the legitimacy of the Guardian Council and addresses the responses. In addition, the hermeneutic is considered in the Constitution and besides proving the impossibility of imposing understanding, personal views and subjective assumptions contrary to the criteria, the approach of the Guardian Council is a kind of purposive and intentional originalism. Having mentioned the problems of devolving the Constitutional consistency of the laws to the authorities on matters of religion (Marja’-e-Taqlid), the uniqueness of the Guardian Council in understanding, implementing and interpreting the Constitution has caused that a committed expert of collective wisdom is in charge of Constitutional interpretation.

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

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Author(s): 

Khodabandeh Samani Mohammad Javad | Safayi Sangari Ali

Issue Info: 
  • Year: 

    2025
  • Volume: 

    9
  • Issue: 

    2 (پیاپی 19)
  • Pages: 

    29-56
Measures: 
  • Citations: 

    0
  • Views: 

    3
  • Downloads: 

    0
Abstract: 

Since Plato, the word “ideology” refers to “Idealism” and “Semanticism.” Nowadays, the term “ideology,” in terms of meaning, is a text which can be divided into critical and neutral approaches. Adopting a critical approach, Marx considered ideology as a set of ideas that represent the interests of classes. Although Masnavi is socially and mystically ideological, Rumi adopts a critical position toward ideology. Informed by Rumi’s discourse, this study investigates the basics of the critique of the critique of ideology and the truth and falsity of ideology in Rumi’s Masnavi. The results of this study show that Rumi employs concepts such as originalism, holism, withdrawal, levels of knowledge, and partial and general reason to showcase the importance of the critique of the critique of ideology. By echoing the truth and falsity of ideology, Rumi explores its self-revealing and discursive characteristics.   Extended Abstract 1. Introduction One can trace the discourse of ideology to the concept of “idea” in ancient Greece. Following Plato’s Theory of Forms, the word “ideology” refers to “Idealism” and “Semanticism.” One can argue that ideology is a text comprised of different concepts. The Enlightenment sparked the critique of ideology. Following the critique of religion, critics thoroughly explored ideology. Informed by Jürgen Habermas’s “scientific ideologies,” critics argued that since science has the potential to replace the role of religion in ideology, the critique of ideology must be investigated. It seems that the political and ideological unrest during Rumi’s life sparked his criticism. His Masnavi is the battle between reality and ideology. 2. Methodology Informed by Rumi’s discourse, this study employs a Marxist reading to investigate the basics of the critique of the critique of ideology and the truth and falsity of ideology in Rumi’s Masnavi. 3. Theoretical Framework This study investigates the concept of ideology, the critique of ideology, and the critique of the critique of ideology. It reviews the literature of the study and explores the significance of the study. Informed by Rumi’s discourse, this study investigates the basics of the critique of the critique of ideology and the truth and falsity of ideology in Rumi’s Masnavi. 4. Discussion and Analysis By analysing Rumi’s Masnavi, one can argue that mankind is far from its reality, and ideology has distorted his worldview. By addressing the reader, Rumi subjects mankind to criticism and understanding. As the introduction to Masnavi, “Ney Nāmeh” serves as Rumi’s prelude to the critique of ideology. Through a metaphoric reading of mankind as flutes, Rumi argues that just as the flute is an echo of the flautist, our words are just echoes of us and they are far from our absolute reality. In his view, our words are ideology-bound phrases that legitimise rather than enlighten. Although Masnavi is idealistic, spiritualistic, holistic, and, overall, ideologic, it moves beyond the ideologies of its age. Rumi’s thesis and anti-thesis technique is an important feature of Masnavi. To showcase the importance of the critique of the critique of ideology, Rumi employs concepts such as originalism, holism, withdrawal, levels of knowledge, and partial and general reason. 5. Conclusion Masnavi is the battleground between reality and deceit. Throughout the text, Rumi investigates and criticises different ideological deceptions and strategies. He employs the fire and wind metaphors to distinguish criticism from ideology. Masnavi is an anti-ideological ideological text. Rumi employs concepts such as originalism, holism, withdrawal, levels of knowledge, and partial and general reason to showcase the importance of the critique of the critique of ideology. By echoing the truth and falsity of ideology, Rumi explores its self-revealing and discursive characteristics. Bibliography Althusser, L. 1387 [2008]. Ideology va Sāz-o-Barg-hā-ye Ideologic-e Doulat. Translated by Roozbeh Sadrara. Tehran: Cheshmeh. [In Persian]. [Ideology and the Ideological State Apparatuses] Althusser, L. 1396 [2017]. Elm va Ideology. Majid, M (trans.). Tehran: Niloufar. [In Persian].  [Science and Ideology] Ansart, P. 1381 [2002]. Ideology-hā, Kesh-Makesh-hā va Qodrat. Tehran: Qasideh-Sarā. Translated by Dr Majid Sharif. [In Persian]. [Ideologies, Conflits, et Pouvoir] Eagleton, T. 1397 [2018]. Darāmadi bar Ideology. Akbar, M. B (trans.). Tehran: Bān. [In Persian].  [Ideology: An Introduction] Eagleton, T. 1399 [2020]. Marx. Akbar, M. B (trans.). Tehran: Agah. [In Persian]. Fotoohi, M. 1395 [2016]. Sabk-Shenāsi. Tehran: Sokhan. [In Persian]. Karimi, A. 1390 [2011]. “Barrasi-e Enteqādi va Ravesh-Shenākhti-e Nazarieh-e Naqd-e Ideology-e Zizek.” Pazhoohesh-Nāmeh-e Oloum-e Siyāsi. Vol, 7. No, 1. 137-159. [In Persian] Rehmann, J. 1400 [2021]. Nazarieh-hāye Ideology; Qodrat-hāye Bigānehgi va Enqiād. Translated by Mehrdad Emami. Tehran: Cheshmeh. [In Persian]. [Theories of Ideology] Ricœur, P. 1395 [2016]. Ideology, Akhlāq va Siyāsat. Tehran: Cheshmeh. Translated by Majid Akhgar. [In Persian].  [From Text to Action] Zamani, K. 1389 [2010]. Sharh-e Jāme-e Masnavi-e Ma’navi. Tehran: Etelaat. [In Persian].

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    14
  • Issue: 

    27
  • Pages: 

    83-99
Measures: 
  • Citations: 

    0
  • Views: 

    136
  • Downloads: 

    0
Abstract: 

Museum as a multi-faceted and multi-functional institution, has a social and cultural concept at the community level, which is related to power, ideology and dominant discourses. Meanwhile, nationalism is one of the main discourses that can fully encompass the museum institution and show how museums are used to serve it. Based on this, the establishment and transformation of museums can be examined according to the ideology of the Pahlavi government in the construction of national identity and as a representation of political-cultural changes at a critical stage of Iranian society. Therefore, in the current study, in order to analyze the relationship between the museum institution and the discourse of nationalism in the Pahlavi period, three museums including: “Museum of Ancient Iran, Carpet Museum of Iran, and Tehran Museum of Contemporary Art” have been studied. The main question is: What effect did the evolution of nationalism discourse have on museum as an institution in Iran during the Pahlavi period? The qualitative research approach and discourse analysis method have been used with an emphasis on the theory of Laclau and Mouffe. The data was collected qualitatively through library research. Sampling was conducted purposefully and with a “type” strategy (in the case of Iranian museums). The purpose of case sampling is to select obvious examples and average cases of the subject and phenomenon to provide a detailed description of it. As a result, different articulations of nationalism discourse in the first Pahlavi period under the central sign of archaism and the second Pahlavi period with the central sign of originalism, back to yourself can be seen in various dimensions and discourse acts such as naming, architecture, urban location, and the collections exhibited in the museums. The museum institution, as a government symbol, was involved in the discourse, which has deeply determined its details,Therefore, museums have had a discourse function and a special relationship with discourse.

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

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