A Study on Negative Concept in Interpretation of Legal Subjects
Subject Areas : Private law
Hamid Masjedsaraei
1
(سمنان)
Zahra Feyz
2
(پیام نور)
Keywords: Interpretation of law, concept, Negative concept, Positive concept,
Abstract :
Moreover, that the rules of jurisprudence principles science serve Islamic jurists in inferring and finding religious judgments, they can help judges and lawyers in finding real object of legislation and in the other words, the spirit of laws. Regardless of reasoning made by acceptors and opponents of concept in principles science, this question is always posed that what is the criteria of existence or absence of negative concept in legal texts? Without doubt, finding an appropriate answer to this question will block the way of any interpretation in respect of laws and legal texts. This research has led, through considering different articles of laws that the criteria for distinguishing concept in legal texts, where there are no presumptions, is based, in addition to considering undisputed legal principles and rules, on common sense and literal regulations provided do not lead to an unreasonable meaning. Thus any unjustified and unproved analogy, comparison or generalization, is forbidden and this is the main result of this study.