Fundamentals and Aims of the Law

Journal of Philosophical Theological Research 9 (33):147-174 (2007)
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Abstract

Discussion on the fundamentals and aims of the law, especially philosophy of the law, is among the main themes of such a discipline. Proportionate to the attitudes towards the cosmos and man, there are aims and basic rules for legal systems. Social justice, freedom, interests and order are among those aims and principles in different legal systems. Accordingly, in Islamic legal system, the fundamentals of the law are based on values, limits, and rights in the religious perspective, so that the enforcement of the legal rules provides happiness in the life hereafter as well as in this world, whether individual or social happiness. The paper, written in two separate parts, examines the aims and fundamentals of different legal systems.

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