1
Assistant Professor, Department of Private Law, University of Isfahan
2
M.A. in Private Law, University of Isfahan
10.22099/jls.2012.223
Abstract
The creation of legal rule is a complicated process that different elements plays a role in it. These elements not by themselves but in contact or in relation to each other can have a meaningful role. “Value” and “fact’ can be considered two influential elements in the formation of a legal rule in every legal system. They can have hierarchical relation with each other and each can have more role than the other. The Metaphysical law is a kind of law in which value has a more fundamental role in the creation of legal rule. However, sort and nature of value, to be religious and secular, have many effects in the relationship of metaphysical law with positivist elements, like state.
Shahabi, M. and Nikuie, M. (2012). The Metaphysical Law: Reflection on the Role of “Value” in the Creation’s Process of Legal Rule. Journal of Legal Studies, 4(1), 103-134. doi: 10.22099/jls.2012.223
MLA
Shahabi, M. , and Nikuie, M. . "The Metaphysical Law: Reflection on the Role of “Value” in the Creation’s Process of Legal Rule", Journal of Legal Studies, 4, 1, 2012, 103-134. doi: 10.22099/jls.2012.223
HARVARD
Shahabi, M., Nikuie, M. (2012). 'The Metaphysical Law: Reflection on the Role of “Value” in the Creation’s Process of Legal Rule', Journal of Legal Studies, 4(1), pp. 103-134. doi: 10.22099/jls.2012.223
CHICAGO
M. Shahabi and M. Nikuie, "The Metaphysical Law: Reflection on the Role of “Value” in the Creation’s Process of Legal Rule," Journal of Legal Studies, 4 1 (2012): 103-134, doi: 10.22099/jls.2012.223
VANCOUVER
Shahabi, M., Nikuie, M. The Metaphysical Law: Reflection on the Role of “Value” in the Creation’s Process of Legal Rule. Journal of Legal Studies, 2012; 4(1): 103-134. doi: 10.22099/jls.2012.223
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