Interpretation of the Law from the Perspective of the "Denial of Justice" Doctrine

Document Type : Research Paper

Authors

1 PhD Student in Private Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran

2 Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

3 Assistant Professor, Department of Private Law, West Tehran Branch, Islamic Azad University, Tehran, Iran

Abstract

Introduction
Social phenomena are constantly evolving, creating unforeseen conditions that cannot always be predicted. In certain cases, circumstances involve such intricate details that establishing specific laws for every possible scenario becomes impractical. Moreover, applying a rigid legal framework to diverse situations may sometimes result in rulings that deviate from the principles of justice, leading to what is known as "denial of justice." The expectation that a judge should function like an automated system—merely processing input data and producing verdicts strictly based on codified laws—undermines the very essence of judicial work.
On the other hand, individuals who turn to the judicial system for redress, whether to assert their rights or defend against unjust claims, expect this institution to deliver fair and discerning judgments. They view judges as figures of wisdom, capable of distinguishing truth from falsehood, and anticipate that their grievances will be addressed in a manner that upholds justice and prevents oppression. It is challenging for society to accept that a judge’s ability to discern right from wrong is constrained by legal statutes, 
and that rulings must adhere strictly  to predefined legal criteria. People yearn to witness the genuine execution of justice, one that resonates with their innate sense of fairness.
 
Methods
This article employs a library-based research method to gather primary data, followed by a practical analysis of the issue. It proposes innovative and specialized approaches to legal interpretation as a means to avert and counteract instances of "denial of justice."
 
Results and Discussion
"Denial of justice" refers to a scenario where justice is not merely compromised but entirely disregarded—a form of severe injustice that undermines the very foundation of legal proceedings. It creates such a profound sense of inequity that observers unanimously condemn it, leading to disillusionment with the judicial system and a departure from its core purpose. This, in turn, fosters widespread discontent. Even the most meticulously crafted laws, developed after years of deliberation and research, cannot anticipate every conceivable case. When a judge encounters a situation where applying the law as written would result in "denial of justice," how should they proceed? How can judges prevent such outcomes while remaining faithful to legal principles and avoiding deliberate defiance of statutory regulations? This article explores solutions through novel interpretive techniques, emphasizing the necessity of legal interpretation from the "denial of justice" perspective. It proposes three primary methods:

Referring to the legislator’s intent – A text-centered approach.
Deconstructing the law – An author-centered approach.
Interpreting according to the spirit of the law – An interpreter-centered approach.

These methods should be applied sequentially. If the first method resolves the issue, the subsequent ones need not be invoked. This structured approach ensures that judicial interpretation remains both principled and flexible.
 
Conclusions
In domestic law, the doctrine of "denial of justice" can be applied through legal interpretation. However, in the case of formal (procedural) laws—which are typically mandatory—legislative intervention is necessary to grant judges discretionary authority to prevent "denial of justice." Simply interpreting such laws may not suffice, particularly since procedural rules are particularly susceptible to injustices. In today’s global movement toward accessible justice, Iran, as an independent and historically justice-oriented nation, should leverage these interpretive methods to issue equitable and progressive rulings, setting an example for other legal systems. Recognizing judicial interpretive authority is not merely an option but a necessity—one that every legal system must embrace to ensure justice prevails.

Keywords

Main Subjects

References

Abuzari, M. (2016). Application of Fuzzy Logic in Iranian Criminal Law, Tehran: Nashre Mizan. [In Persian]
Aghaei, K. (2013). Schools of interpretation based on the foundation of legal hermeneutics, second edition, Tehran: Nashre Mizan. [In Persian]
Ahmadi, B. (1996). Text structure and interpretation, Volume 1,3rd edition, Tehran: Nashre markaz. [In Persian]
Amerinia, M., Ali Jamadi (2016). Regarding the spirit of law in proceedings, Shiraz University legal studies, 9(1), 227-241. [In Persian]
Balkin, J. M. (2000). Deconstruction, Dennis Patterson(ed.)Acompanion of Philosophy of Law and Legal Theory, USA:Blackwell, (24).
Balkin, J. M. (1994).  Transcendental Deconstruction, Transcendent Justice, Michigan Law Review,94(1).
Balkin, Jack M. (1987). Deconstructive Practice and Legal Theory-Part 1, Yale L.J.743.
Bicchieri, C. (2006). The grammar of society: The nature and dynamics of social norms. New York: Cambridge University Press.
Collins, Jeff, Derrida(2001). translated by Ali Sepahran, Tehran: Shirazeh Publications.
D'Amato, Anthony(1992)On the Connection Between Law and Justice,26 U.C. Davis L.Rev.527-582,Northwestern University School of Law,93.
Darabpour, M. & Adib, A. (2012) The effect of unpredictability on the execution process of commercial contracts, Legal Research Magazine, 16(63), 69-99. [In Persian]
Dworkin, R. (2003). Law as Interpretation, Dennis Patterson(ed.), Philosophy of Law and Legal Theory, Malden: Black well, (14).
Dworkin, R. (2003). The Model of Rules, Dennis Patterson(ed.). Philosophy of Law and Legal Theory, Malden: Black well, (3).
Feiz Kashani,M. (B. Ta). Tafseer Safi,vol.2.
Gouiandeh, H. (2023).  The interpretation of the law in the light of justice, bi-quarterly review and analysis of judicial decisions,2(3), 155-164. [In Persian]
Hatami, A. and Abdolreza Sadeghi(2012). Unfair commitment condition, two quarterly journals of knowledge and legal research,1 (2), 59-104. [In Persian]
Jafari Langroudi, M. (2012). Al Faraq(General Encyclopaedia of Law), Volume 3, Second Edition, Tehran: Nesherganj Danesh. [In Persian]
Jafari Langroudi, M. (2008). New method in the general introduction of law, Tehran: Ganj Danesh Publishing. [In Persian]
Jafari Tabar, H. (2009). The interpretative philosophy of law, Tehran: Publishing Company. [In Persian]
Jafari Tabar, H. (2015). Devil in the Glass; In the philosophy of judicial procedure, Tehran: Haq Ghazaran.
Jafari, A. (2002), The Secret of Text, Tehran:Aftab Tehseh Publications. [In Persian]
Jahanbeglu, R. (2004). Sovereignty and Freedom, Tehran: Ney Publishing. [In Persian]
Karimi, A. and Ayeen, A. and Shirvani, K. (2016). The General Theory of Justice in Legal Science, First Edition, Tehran, Judge's Publishing House. [In Persian]
Katoozian, N. (2014) A step towards justice, first volume: Tehran, Mizan Publishing. [In Persian]
Katoozian, N. (2003). General rules of contracts, fourth volume, fourth edition, Tehran, publishing company. [In Persian]
Katouzian, N. (1369). Judiciary Justification and Criticism, Tehran: Mizan Publications. [In Persian]
Katouzian, N. (2015). Philosophy of Law, first volume, Tehran: Publishing Company. [In Persian]
Khandani, S. P., and Khakbaz, M. (2012). Interpretation of the Theory of Exchange Justice in the Realm of Contracts, Fiqh and Islamic Law Studies, 5 (8),69-84 . [In Persian]
Khodabakhshi, A. (2019), Claims Law, Volume 1, Third Edition, Tehran, Publishing Company. [In Persian]
Kivanfar, S. (2019). Philosophical Foundations of Law Interpretation, second edition, Tehran: Publishing Company. [In Persian]
Matthew T.Gordon, Stephen M.Garcia, Patricia Chen(2014), The Letter versus the spirit of the law:alay perspective on culpability, Cambridge University Press.
Mcleod, I. (2005). Legal Theory, Marise Cremona (ed.).  UK: Palgrave Macmillan, 3nd-edn.
Mohammadi Moghadam, P., Hassan Badini,& Javad Niknejad (2022), Applicability of the theory of"denial of justice, in civil proceedings, Judicial Law Perspectives Quarterly,27 (100), 121-144. [In Persian]
Mohseni, H. (2014). French civil procedure, second volume, Tehran: Publishing Company. [In Persian]
Mohseni,Hassan(2008),Ritual justice: a study on the theories of fair civil proceedings,Law Quarterly of the Faculty of Law and Political Science,38 (1), 285-319. [in persian]
Montesquieu, Charles, Spirit of Laws, Book I.
Mousavi, S. A. (2022). Limitation of contractual obligations with the principles of justice and fairness(Critique of Vahdat Ruyeh No.805 dated 10/16/2019),two quarterly reviews and analysis of judicial decisions,1 (2), 522-548. [In Persian]
Qiazi, J. (2000). The Method of Interpretation of Criminal Laws,first edition, Qom, Islamic Propaganda Office Publications Center. [In Persian]
Rahimi, Habib A. & Alizadeh, S. (2016). The Nature and Basis of Adjustment in Iran and Fidik Laws, Private Law Research Quarterly,6 (21),147-175. [In Persian]
Rashvand Bokani, et al (2022).  The influence of hermeneutic interpretation views on the judicial interpretation of contracts, Legal Studies Quarterly, 14 (2), 176-207. [In Persian].
Saeedi Mehr, M. (2009). Teaching Islamic Theology, Volume1,7th Edition, Qom:Taha Publications. [In Persian]
Shahidi, M. (2008). Fall of Obligations,5th edition, Tehran, Majd Publications. [In Persian]
Thomson A. J. P. (2005).  Deconstruction and Democracy: Derrida's Politics of Friendship, London: Continum.

Files

Share

How to cite

Statistics