نوع مقاله : مقاله پژوهشی
نویسندگان
1 پژوهشگر دوره دکتری حقوق عمومی دانشکده حقوق دانشگاه شهید بهشتی. تهران. ایران
2 گروه آموزشی حقوق، دانشگاه شهید بهشتی، تهران، ایران
3 حقوق/دکترا/حقوق عمومی/دانشگاه سوربن فرانسه
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In this article, the main issue has been to study the historical and philosophical impact of the revolution on the new concept of law. To examine this issue historically, the characteristics of the revolution in Britain, France, and the United States have been considered, and philosophically, the views of philosophers on both natural and positive law approaches have been examined. In this regard, issues such as the choice of voluntarism or structuralism based on order are among the key issues in understanding these two philosophical approaches to law. The objectivist view of positive law towards law was also one of the issues discussed in the present article. The method of the present research can be considered analytical, factual and in general the approach of the article can be considered macro. The result of this research was, on one hand, the recognition of the revolution as a key concept in constitutional law, and on the other hand, overcoming the deadlock governing the interpretation and knowledge of law, with the help of philosophical and historical reading and analysis of the revolution, as one of the most complex, central and historical disputes reflected in the philosophy of law. The conclusion of this study makes it clear that in the case of revolution, natural law has achieved a practical and theoretical superiority over positive law.
کلیدواژه‌ها [English]
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