Application of philosophical hermeneutics in the gender attitude on mother retaliation against child murder

Document Type : Research Paper

Authors

1 Master student of Ferdowsi university of Mashhad

2 Associated Professor

Abstract

The social system is a structure that consists of several kind of subsystems that have interaction with each other’s. The value and normative system of a subsystem, affects the values of other subsystems. For example, norms and values of economical subsystem has deep relation on penal subsystem. Moreover, function of penal subsystem is protecting from the normative structure of other subsystems.
One of the most important effect of this relation between penal subsystem and other social subsystem is the influence of gender attitude that exist on the other social subsystem. When the economical subsystem is on the effects of gender attitudes, naturally penal subsystem will also affected by this gender attitudes. Distinction between penal rules of female gender and male gender in penal jurisprudence is because of this gender attitudes on the other social subsystems.
Keywords: Different kind of reading from penal theory of Sharia, Philosophical hermeneutics, gender attitude, Qisas of mother, Historical perception

Keywords

References

Gadamer, Hans-Georg (2004) Truth and Method, translatin by J. Weinsheimer & D.G. Marshall, second edition, London and New York: Continuum.
Heidegger, Martin (1962) Being and Time, Basil black well.
Heidegger, Martin (1987) An Introduction to Metaphysics, Ralph Mankeim, New Haven, Yale University Press.
Page, Carl (1957) Philosophical Historicism and the Betrayal of First Philosophy, The Pennsylvania State University Press.
Palmer, Richard E. (1969) Hermeneutics, Evanston, Northwestern University Press.
Ricoeur, Paul (1981) Hermeneutics and the Human Sciences, John, B. Thompson, Cambridge University Press.

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