Ahmad Mortazi; Amir Amiran Bakhshayesh
Abstract
Abstract:Various views have been raised concerning the rule of law, but what have been accepted by most jurisprudents are the existing narratives in this regard. Even though the existing narrations are absolute and arbitrarily controversial in all its forms, the legislator, in Article 121 of the ...
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Abstract:Various views have been raised concerning the rule of law, but what have been accepted by most jurisprudents are the existing narratives in this regard. Even though the existing narrations are absolute and arbitrarily controversial in all its forms, the legislator, in Article 121 of the Criminal Code, excludes four cases of moharebeh, corruption, theft, and qazf,. It means that mere doubt does not lead to the rule of dar’e in these four cases; rather, the rule applies in other stages where no contradictory reason can be found. The present study shows that such a separation is inadequate in terms of jurisprudential basis and contradicts the general and general narratives related to the rule of dar’e. The reasons given by the scholars in justifying this separation are one-dimensional and obscure, and therefore not acceptable. The present study seeks to analyze the bases and arguments presented in order to justify the four exceptions of Article 121 of the Criminal Code.
Pooneh Tabibzadeh; Reza Eslami
Abstract
The transitional justice basically follows three major goals in post-conflict societies, namely, reconciliation, rule of law, and sustainable peace. This article examines the role and the impact of restorative justice in realization of those goals. This article argues that the restorative justice helps ...
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The transitional justice basically follows three major goals in post-conflict societies, namely, reconciliation, rule of law, and sustainable peace. This article examines the role and the impact of restorative justice in realization of those goals. This article argues that the restorative justice helps achieve the goals transitional justice since it corresponds properly to the post-conflict situation in transitional societies. This article proposes that the restorative justice emphasizes the “individual-community” relation that aims at victims’ redress in human rights violations by involving victims, offenders, and the society in the process of transitional justice. This article proposes that the restorative justice emphasizes the “individual-community” relation that aims at victims’ redress in human rights violations by involving victims, offenders, and the society in the process of transitional justice. This article proposes that the restorative justice emphasizes the “individual-community” relation that aims at victims’ redress in human rights violations by involving victims, offenders, and the society in the process of transitional justice.
