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 |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_8134_33d1ef0cf04f15b26459ceafe6098d60.pdf |
| _version_ | 1797375828299874304 |
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| author | رحیم پیلوار |
| author_facet | رحیم پیلوار |
| author_sort | رحیم پیلوار |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-03-08T19:29:52Z |
| format | Article |
| id | doaj.art-d491583c0f21433ab30b27e3b65ba2d5 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:52Z |
| publishDate | 2017-12-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-d491583c0f21433ab30b27e3b65ba2d52023-12-26T07:48:03ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322017-12-01621699210.22054/jplr.2018.81348134The philosophical foundation of state duty for providing minimums for the people from the perspective of private law (with comparative study)رحیم پیلوار0استادیار پردیس فارابی دانشگاه تهرانFor 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.https://jplr.atu.ac.ir/article_8134_33d1ef0cf04f15b26459ceafe6098d60.pdfbasic needssocial justiceownershiprightstate |
| spellingShingle | رحیم پیلوار The philosophical foundation of state duty for providing minimums for the people from the perspective of private law (with comparative study) Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī basic needs social justice ownership right state |
| title | The philosophical foundation of state duty for providing minimums for the people from the perspective of private law (with comparative study) |
| title_full | The philosophical foundation of state duty for providing minimums for the people from the perspective of private law (with comparative study) |
| title_fullStr | The philosophical foundation of state duty for providing minimums for the people from the perspective of private law (with comparative study) |
| title_full_unstemmed | The philosophical foundation of state duty for providing minimums for the people from the perspective of private law (with comparative study) |
| title_short | The philosophical foundation of state duty for providing minimums for the people from the perspective of private law (with comparative study) |
| title_sort | philosophical foundation of state duty for providing minimums for the people from the perspective of private law with comparative study |
| topic | basic needs social justice ownership right state |
| url | https://jplr.atu.ac.ir/article_8134_33d1ef0cf04f15b26459ceafe6098d60.pdf |
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