The Role of Conscience in Emergence of Law

Document Type : Research Paper

Authors

1 Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.

2 Faculty member

3 Department of Law, Najaf Abad Branch, Islamis Azad University, Najaf abad, Iran.

10.22099/jls.2020.5922

Abstract

Study of the phenomenal process of law is one of the important issues in the field of the foundations of law. The purpose of the emergence of law is the emergence of the first types of social behavior, and legal rules and duties in the primitive societies of mankind. On the other hand, interference of conscience in the formation and development of law has always been the subject of serious agreement and opposition by the owners. Using the latest findings from sociobiology and other sciences, this research seeks to provide a paradigm that describes the role of conscience in the Emergence of law more precisely and scientifically. According to the findings of this study, "conscience" is the logic of social or rational membership, which utilizes shared knowledge and feelings in the community, and crystallizes the moral-social characteristics of humankind, such as empathy and altruism. The "conscience" makes the habits and rules of co-operation both ethical and human; it creates the inner sense of "right" for each individual and applies "justice" as an indicator of its own assessment. Collective conscience is the shared value of individual consciences and the collective rationality of membership that relied on conscience in a determined space for law. In summary, we can say Conscience has a multi-faceted role in the phenomenon of law.



 

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Journal of Legal Studies

Volume 12, Issue 3
Autumn 2020
Pages 29-65

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