"Justice" passing from the moral concept to the legal rule with a look at its foundations in the British and Iranian legal systems

"Justice" passing from the moral concept to the legal rule with a look at its foundations in the British and Iranian legal systems. Although in the ancient legal literature, "fairness" has also found a legal concept along with its moral meaning, but not long ago, due to its inclusion in some legal texts, it gave rise to the idea that it is a legal rule. This idea is true in the English legal system because the rule-based approach to it is presented both in the structure of the legal system there and in the judicial precedent and some legally approved rules of this legal system are fixed and clear. However, such a view of "fairness" in Iranian law is not certain, despite the consideration of it in some legal regulations. Because not only the judicial precedent does not express this view, but also there is no unanimity of opinion in the legal doctrine. Such a view of "fairness" in English law is rooted in the ideas of the legal philosophy of ancient Rome, which can inspire other legal systems to accept the discussed subject as a legal rule. In Iranian law, in addition to its official sources, such as Imamiya jurisprudence, foreign adapted laws and some legal texts, fairness has a strong support from its historical texts in the process of proceedings which can identify necessary elements for recognition of this moral concept as the legal rule by looking deeply at the mentioned sources. The basics of such a view in the mentioned sources, the specification of the need to implement fairness in scattered legal texts, its customary acceptance, along with the logic of law, are explored as the most important points in this research.

کلیدواژه ها:

Fairness" ، Legal Rule ، Contexts" ، Justice" ، " ، Customary tendency"