The Bases of Mirza Yousef Khan Mostashar-ul-Dowleh's Idea of Legalism

Subject Areas :

Alireza  Azghandi ¹ (([e-mail]). استاد و عضو هیئت علمی گروه علوم سیاسی دانشگاه آزاد اسلامی واحد علوم و تحقیقات تهران)
Hamed  Ameri Golestani ² (([e-mail]). فارغ التحصیل دکتری علوم سیاسی دانشگاه آزاد اسلامی- واحد علوم و تحقیقات تهران)

Received: 2010-05-22 Accepted : 2010-07-26 Published : 2009-12-01

Keywords: Code, Rule of law, sharia book, human rights declaration of 1789,

Abstract :

The idea of legalism is one of the important grounds of modernization in Qajar era and in this movement the role of intellectuals of this period is very important. These intellectuals by preaching the idea of legalism prepared the ground for socio-political development. Among these intellectuals Mirza Yousef Khan have had a special position. He took great step by writing a booklet named "One Word" which contributed to the principle of "rule of law" in Iran at that time. In the present article the bases of Mirza Yousef Khan's thinking which has been expressed in the introduction of his booklet is discussed. Mirza Yousef Khan by emphasizing the importance of rule of law believes that the progress of the society depends upon the expansion of this concept. While he pays attention to the new Western law and codes and bases his thinking of legalism on those criteria he also attaches enough importance to domestic bases i.e. the Sharia book and lays the foundation of his legal thinking on this ground also. Mirza Yousef Khan's idea of legalism is of great importance since it does not merely follows Western law and he tried to find a suitable foundation for establishing rule of law during Qajar period and in this regard he differs from other thinkers who merely followed Western law. Mirza Yousef Khan tried to create the concept of law by making use of Western law and Sharia law. Thus if one want to understand the concept of legalism during Qajar period one must acquaint oneself with Mirza Yousef Khan's thinking and the bases of his legalism.