Foundations of Legal Obedience: Natural and Analytical Jurisprudence Perspective

Obviously, in all jurisdictions it is required for the people to observe the laws and regulations; however, at the same time they need to have convincing reasons to obey laws and regulation. Seeking their different interests, people sometimes may break laws. However, sometimes people believe that th...

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Veröffentlicht in:Pizhūhish-i ḥuqūq-i ʻumūmī : pizhūhish-i ḥuqūq 2023-01, Vol.24 (77), p.9-45
Hauptverfasser: Hasan Vakilyan, mohamad moghtader
Format: Artikel
Sprache:per
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Zusammenfassung:Obviously, in all jurisdictions it is required for the people to observe the laws and regulations; however, at the same time they need to have convincing reasons to obey laws and regulation. Seeking their different interests, people sometimes may break laws. However, sometimes people believe that there are morally justifiable reasons to break laws.   As a matter of fact, the research question of this paper is as follow: what is the nature of reasons that required people to observe the laws and regulations?  Generally, natural lawyers stress on the strong relationships between law and morality and they stress on moral (Not legal) reasons. Despite that, as it will be shown, natural lawyers (Specially modern ones) and positivists have similar justification regarding the observing laws and regulations, in that both of them recognizing legal reasons for observing  laws and regulations and denying the necessity and Sufficiency of moral reasons.
ISSN:2345-6116
2476-6216
DOI:10.22054/qjpl.2022.58543.2562