نوع مقاله : مقاله پژوهشی
نویسندگان
1 پژوهشگاه فرهنگ و اندیشه اسلامی
2 دانشگاه باقر العلوم
3 دانشگاه
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Research Objectives
1. Investigating the impact of transcendental wisdom on the formation of fundamental legal principles
2. Attempting to show the parallels of existence that are visible in the section of rights and principles
3. Extracting principles derived from developmental rights from the level of the human soul
4. Attempting to extend transcendental wisdom in the science of law to develop additional philosophies arising from transcendental wisdom
Question
What is the productive role of transcendental wisdom in the formation of fundamental legal principles in the Islamic legal system?
Results of the Research
1. The strategy for producing legal principles in transcendental wisdom is based on the discovery of fundamental rights, which in this research arise from the existential level of beings at the level of the plant, animal and human soul. The layer of developmental rights extends into fundamental principles.
2. From the perspective of transcendental wisdom, the legal system is composed of four parts: principles of law, sources of law, foundations of law and legal articles. The geography of rights and fundamental legal principles is located in the section of the foundations of transcendental wisdom. The foundations of legal knowledge are the basis for establishing a law and the origin of establishing a law.
3. Constitutive rights are truths that are obtained from the level of the essence of things and are of the second philosophical proposition type and are consistent with the concept of existence, unity, individuality and goodness. In fact, right is one of the true attributes of existence and the attributes of existence are present in right.
4. . Fundamental rights are constitutive truths that are obtained from the level of the essence of things. Constitutive rights are divided into two parts: first-degree and second-degree rights. First-degree constitutive rights are affirmative rights that are obtained from the right to exist of things and are constitutively located in the essence of things. Second-degree constitutive rights mean existential matters that every agent possesses in performing his action to achieve perfection and true property.
5. .Fundamental rights are adopted from the levels of human souls, which at each level of human soul in the plant, animal and human levels have natural, instinctive and innate rights. Every soul at each level is accompanied by special powers that, depending on the powers, have rights that can be referred to as 17 rights such as the right to nutrition, the right to life, the right to reproduction, the right to worship, etc. The distinction between the first and second degree developmental rights is shown in the section of legal principles, so the right to life extends to the principle of life and the principle of life extends to the rule of life and the rule of life extends to the laws related to life.
6. .Fundamental rights are known as fundamental legal principles because they are efficient and effective in substantive law. Therefore, fundamental legal principles are in fact the foundations of legal knowledge that are at the third level and provide the law in the capacity of legislation, interpretation and implementation. These principles are derived from fundamental rights
7. .Principles and rights, because they are derived from the truth and essence of beings, both express beings, and due to the doubt in existence, the levels of beings are different from each other. Accordingly, principle and right also have the characteristics of existence and are therefore questionable. For example, the right to life and the principle of life are different from the levels of animals, but the difference between principle and right is that rights have a wider scope. Therefore, the principle is a thin right; so that the right to life expresses a generative right of the first type from which the principle of life is abstracted.
8. Legal principles at both levels constitute the foundations of legal knowledge, and from which rules are extracted and musts are formed. These musts, because they are true, have validity, value and argumentability.
Final Conclusion
In this regard, by analyzing Mulla Sadra's foundations in the sections of ontology, epistemology and anthropology, the present article attempts to examine the longitudinal and structural relationship of the first and second degree developmental rights towards legal principles. The findings of the article show that the nature and types of fundamental legal principles in Sadra's wisdom are longitudinal in nature, which can be identified based on the system of developmental rights and the three souls: the level of the plant soul, the animal soul and the human soul. The first and second degree developmental rights move towards the formation of fundamental legal principles. The geography of rights and fundamental legal principles in transcendental wisdom is in the section of foundations. The foundations of legal knowledge are the basis for establishing a law and the origin of establishing a law.
کلیدواژهها [English]
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