The philosophical foundation of state duty for providing minimums for the people from the perspective of private law (with comparative study)
For the people of a society, “provision of the minimums” (Basic needs) is one of their rights, while it is also a duty upon the State. Not only does this legitimate and sensible right root in the divine religions, it also has roots in the thoughts of many justice-seeking philosophers and lawyers. Th...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2017-12-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
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| Online Access: | https://jplr.atu.ac.ir/article_8134_33d1ef0cf04f15b26459ceafe6098d60.pdf |
| Summary: | For the people of a society, “provision of the minimums” (Basic needs) is one of their rights, while it is also a duty upon the State. Not only does this legitimate and sensible right root in the divine religions, it also has roots in the thoughts of many justice-seeking philosophers and lawyers. The present article aims to examine this right from Iranian Law point of view by conducting a comparative study. This view, these days, is called Constitutionalization of private law. If this view is accepted, law-makers will change ownership law and it should be said that public law is related to this matter. It is concluded that having the minimum standard of life is a fundamental right for the members of a society and it must be fulfilled by the government as a responsible body. That is to say that the members of the public can legally claim this right, and condemn the government if it refuses to fulfil this duty. |
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| ISSN: | 2345-3583 2476-6232 |