Journal of Law and Politics: 2 (13)

Open Access Article

1 - The Criticism of Methodological Consciousness in Gadamer,s Philosophical Hermeneutics and its Political Implications
ملک Yahya علیرضا Esmailzadeh

The aim of this study is to specifically evaluate how hermeneutical consciousness- as represented in Hans-Gadamer,s philosophical hermeneutics- is formed in some ways in reaction to Rene Descartes,s methodological consciousness. This consciousness indicates a concept of More

The aim of this study is to specifically evaluate how hermeneutical consciousness- as represented in Hans-Gadamer,s philosophical hermeneutics- is formed in some ways in reaction to Rene Descartes,s methodological consciousness. This consciousness indicates a concept of rationality which is based on subjectivity. According to the subject- based concept of wisdom, the origin of rationality is an abstract mind which is opposed to the objective world as a subject of knowledge. But from one point of view, hermeneutic consciousness- which seeks to establish the concept of rationality on the basis of an interpretation of intersubjectivity- is formed in reaction to the results of subject- based rationality. In addition, this paper discusses some results and political implication of philosophical hermeneutics.   Manuscript profile

Open Access Article

2 - World Peace through World Law
M.R Hakakzadeh

The function of general assembly and Security Council to oppose international terrorism and achieve to humanitarian aids are outcomes of peace. The formation of international justice characters which gloried to last decade of 20th century, has high importance for achiev More

The function of general assembly and Security Council to oppose international terrorism and achieve to humanitarian aids are outcomes of peace. The formation of international justice characters which gloried to last decade of 20th century, has high importance for achieving the global peace. Nowadays constitution of international criminal court (ICC) is a strong factor to guaranty the right of self-determination. Prohibition use of force has been mentioned in Paris pact between two world wars before the conclusion contents of charter of United Nations.Addition international governmental and non-governmental organizations and international institutions have a great role in globalization of international legal system.I have surveyed the obligations of states before international community which merge their solidarity. Also in this article different dimensions of process and factors which are obstacles to armament conflicts, has been investigated.Exclusive jurisdiction arose from Westphalia system has been changed to nation-state. Finally increasing tendency to “we the people of United Nations” through development of international law-making conventions in recent years, achievement to stable peace shall be facilitated as more as attention to human rights and role of human being.An international rule of law observance brings enunciation to progress, pacification and peace for mankind community. Connection between sovereignty and peremptory norms of international law on one hand and the other hand explaining mean of peace and global legal system have affection on together and problem of breach of human rights norms leads to violation of peace have been analyzed. Manuscript profile

Open Access Article

3 - A Theoretical Framework for The Process of The Iranian Youths`Political Socialization
مسعود Sepehr

In all societies the political socialization of new generation is the base of legitimacy ,stability and survival of the political system. In Islamic republic of Iran ,thirty six years after Islamic revelation ,the problem of third generation political identity and the r More

In all societies the political socialization of new generation is the base of legitimacy ,stability and survival of the political system. In Islamic republic of Iran ,thirty six years after Islamic revelation ,the problem of third generation political identity and the rebuilt of political system and how to go on,became a main problem. In an stable situation political socialization is the reproduction of current values and culture,but in a revolutionary society like Iran the main question is how to rebuild institutions, values and culture and at the same time transfer them to new generation. This essay base on Iran's conditions try to suggest a theoretical framework to help us for better understanding in research on Iranian youths' political socialization.According to questions like , how political identity is forming,who is the most important actor in this process and what is the rule of changing political culture. Manuscript profile

Open Access Article

4 - Opportunities and Threats of Globalization on Political Developments in Iran
احمد Sai مهدی Safarpoor محمد Bavbar

Entering to the new world has put new challenges and opportunities for human’s life. Globalization as an economic, political and cultural phenomenon is a multifaceted process and entails consequences which includ the political consequences. The present paper has f More

Entering to the new world has put new challenges and opportunities for human’s life. Globalization as an economic, political and cultural phenomenon is a multifaceted process and entails consequences which includ the political consequences. The present paper has focused primarily on one of these outcomes; it means that it has concentrated on the effects of globalization on political developments in the forming opportunities and threats. The present paper benefits from discourse analysis framework in order to evaluate the effectiveness and study this effectiveness on the process of political development in Iran. In this review, globalization as structural dialogue consists of liberal democracy teaching of Western and political Islam in Iran as dialogue involving two aspects of reformists and conservative matters. Thus, this paper has attempted to explore opportunities and threats to globalization on political developments in Iran after the Islamic revolution in terms of its phenomenon’s effect on dual aspects of political Islam. Manuscript profile

Open Access Article

5 - The Content and Territorial Extent of Moral Exception in the World Trade Organization
وحید Bozorgi A.H Fathizadeh

The aim of this article is to determine the content and territorial extent of moral exception in the World Trade Organization. To this end, the author has explored pre-GATT commercial treaties and countries' legislation and practice, GATT adjudication, and WTO Members' More

The aim of this article is to determine the content and territorial extent of moral exception in the World Trade Organization. To this end, the author has explored pre-GATT commercial treaties and countries' legislation and practice, GATT adjudication, and WTO Members' policies or practice and reached two conclusions: first, countries may restrict trade in goods and services as well as intellectual property rights in order to protect public morals and the content of these public morals can vary in time and place; second, for the time being, a conclusive judgement as to territorial extent of moral exception can not be drawn from the existing precedent and evidence. Therefore, further clarification of the content and territorial extent of moral exception in the WTO is to await subsequent WTO adjudication and practice Manuscript profile

Open Access Article

6 - Position of the right to peace in the charter of UN with looking at the performance of the Security Council
عاطفه Amininia

UN in the last days of World War II, as an organization that emerged out of the nations, with the goal of international peace and security arose ideal. It is clear that the achievement of international peace and security requires good infrastructure in paragraphs 2 to 4 More

UN in the last days of World War II, as an organization that emerged out of the nations, with the goal of international peace and security arose ideal. It is clear that the achievement of international peace and security requires good infrastructure in paragraphs 2 to 4 of the Charter has been mentioned, which is the realization of fundamental human rights. The realization of human rights, in turn, requires hospitalization of peace .this present paper intends to seeks position of the right to peace and assess the performance of the Council in this regard. Council in this regard, what is qualified and competent to truly ahead of this coming from. what is qualified and competent to make this truly is the threshold? Manuscript profile

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