نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه حقوق عمومی دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبایی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Does the “right” have the same meaning in the discourse of Public Law and Human rights as it have in the discourse of Private Law and Islamic Law? Are the right parameters in the discourse of Private Law the same as the ones of the discourse of Public Law? What consequences does the discoursal difference in the nature of right have in the Private and Public Law? In the Private Law, right is considered as a privilege, which is because of the legal situation and therefore has an institutional characteristic. In contrast, in the Public Law the right is in general referred to the human dignity and its resulted abilities. This new concept of right has some consequences. In this context, the subjective right is dominant to the concept of right in the Public Law. The significant consequence of this concept is that the bearer of rights becomes more important than the subject of right. This leads to a difference between the paradigm of right in the discourse of Public Law and the similar paradigm in the discourse of Private Law. Because the discourse of Public Law in the context of the citizen rights, is a subjective discourse where the bearer of these rights is important. These above discoursal and paradigmatic differences have some other consequences such as the ability to demand and the relation with duty.
کلیدواژهها [English]
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