Feasibility of Engineering of the Legal System with the Approach of Private Law and its Effects based on the Role of the Family

Articles in Press

Document Type : Scholarly Article

Authors

1 PhD student, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

2 Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

3 Assistant Professor, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.

10.30497/flj.2024.245452.1958

Abstract

The diverse and increasing developments of human society have been led to the creation of various issues and studying them separately has not been caused to decrease the feeling of satisfaction from the law science in facing to these issues. The society has been faced to the kind of modern distortion and the families exposed to the western waves, cannot properly deal with their survival and raising children and civilizing them. The increase in lawsuits, the delay of trials, the need to collect statistics on the distribution of justice instead of collecting data from the number of cases, high population of criminal convicts and prisoners, high costs of proceedings, the disconnection of two- way relation between the legal system and the strengthening of norms and the successive increase in the government's responsibilities are among the issues that legal system is facing to them. Therefore, the preparation of general theory and providing instruments to protect natural proceedings (justice), fundamentally had been researched in a descriptive, analytical, comparative, and innovative engineering method. These results were obtained under the title of presenting the theory of "legal system engineering" with the approach of private law, that the purposes of Sharia are the legal system foundation and to protect legislative justice, as a natural procedure (scale), about these foundations is its existence philosophy that it can be controlled through the multi- purpose function  and this protection can be done through the engineering of behaviors and their consequences, in this regard, there is a mutual role between the strengthening of family and promoting the engineering of the legal system.

Keywords

Main Subjects

 این مقاله، مستخرج از رسالۀ دکتری حقوق خصوصی با عنوان امکان‌سنجی و آثار مهندسی نظام حقوقی با رویکرد حقوق خصوصی، دفاع‏شده در دانشگاه آزاد اسلامی، واحد تهران مرکزی است.

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Biannual Journal of Family Law And Jurisprudence

Articles in Press, Accepted Manuscript
Available Online from 13 February 2024

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