The Effect of Distinction between Modern Law and Traditional Law on Legal Methodology
Traditionalism and Modernism take different approaches with regard to ontology, epistemology and anthropology. This writing considers the relation between these two and answers the question that which process followed by the modern methodology and what was its effect on modern legal methodology and...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
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University of Qom
2017-02-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_1002_0fe1ae9de5e1d84ff347dc51c3eeec19.pdf |
| _version_ | 1797233101066207232 |
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| author | mohamad mazandarani safieh mollabashi |
| author_facet | mohamad mazandarani safieh mollabashi |
| author_sort | mohamad mazandarani |
| collection | DOAJ |
| description | Traditionalism and Modernism take different approaches with regard to ontology, epistemology and anthropology. This writing considers the relation between these two and answers the question that which process followed by the modern methodology and what was its effect on modern legal methodology and do these influences affect the nature of modern law and the Islamic traditional law? The outcome of this investigation considers Modernism as replacing ontology by epistemology, that represents itself in research and renders the paradigm of physics-based into other sciences. Modern law presents itself as positive-method science. The positive-method science forms formal and objective law. In addition, positive-method science shapes differentiated and secular law. On the other hand, traditional law accepts metaphysics and considers the method as discoverer, not creator. In this approach, Hojiat or integrity of certainty legitimates Islamic methodology that makes it a unified-nonobjective science, under theology and obliged in religious and moral matters. |
| first_indexed | 2024-04-24T16:10:49Z |
| format | Article |
| id | doaj.art-33b672bfd070407c92bfcd58f474cf33 |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:10:49Z |
| publishDate | 2017-02-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-33b672bfd070407c92bfcd58f474cf332024-03-31T19:05:57ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212017-02-013412515210.22091/csiw.2018.1312.10861002The Effect of Distinction between Modern Law and Traditional Law on Legal Methodologymohamad mazandarani0safieh mollabashi1دانشیار گروه حقوق خصوصی دانشگاه قمQom universityTraditionalism and Modernism take different approaches with regard to ontology, epistemology and anthropology. This writing considers the relation between these two and answers the question that which process followed by the modern methodology and what was its effect on modern legal methodology and do these influences affect the nature of modern law and the Islamic traditional law? The outcome of this investigation considers Modernism as replacing ontology by epistemology, that represents itself in research and renders the paradigm of physics-based into other sciences. Modern law presents itself as positive-method science. The positive-method science forms formal and objective law. In addition, positive-method science shapes differentiated and secular law. On the other hand, traditional law accepts metaphysics and considers the method as discoverer, not creator. In this approach, Hojiat or integrity of certainty legitimates Islamic methodology that makes it a unified-nonobjective science, under theology and obliged in religious and moral matters.https://csiw.qom.ac.ir/article_1002_0fe1ae9de5e1d84ff347dc51c3eeec19.pdftraditional law"modern law"methodology"usul-al feqh"egal positivism |
| spellingShingle | mohamad mazandarani safieh mollabashi The Effect of Distinction between Modern Law and Traditional Law on Legal Methodology پژوهش تطبیقی حقوق اسلام و غرب traditional law "modern law "methodology "usul-al feqh "egal positivism |
| title | The Effect of Distinction between Modern Law and Traditional Law on Legal Methodology |
| title_full | The Effect of Distinction between Modern Law and Traditional Law on Legal Methodology |
| title_fullStr | The Effect of Distinction between Modern Law and Traditional Law on Legal Methodology |
| title_full_unstemmed | The Effect of Distinction between Modern Law and Traditional Law on Legal Methodology |
| title_short | The Effect of Distinction between Modern Law and Traditional Law on Legal Methodology |
| title_sort | effect of distinction between modern law and traditional law on legal methodology |
| topic | traditional law "modern law "methodology "usul-al feqh "egal positivism |
| url | https://csiw.qom.ac.ir/article_1002_0fe1ae9de5e1d84ff347dc51c3eeec19.pdf |
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