explanation of the position of moral right in the realization of citizens' legal rights in society

Document Type : Research Paper

Authors

1 PHD Student of public Law.Law and political Science Faculty. Shiraz University

2 Department of public and international Law.Faculty of Law and political Science.Shiraz.Iran

3 Department of Political Science .Faculty of Law and Political Science.Shiraz.Iran

Abstract

The main issue of this research is to explain the moral right and examine the ratio of legal right and moral right with emphasis on the citizenship rights system. While examining the moral foundation of rights from the perspective of Kant and natural right, we take this question into account that How can we move towards the realization of a kind of ethicism in the field of citizenship based on the explanation of jurisprudence and provide more effective implementation of legal approaches so that citizens feel obligated to obey the law not obliged to obey the law. findings of this study, which have been collected in a descriptive and analytical manner, despite emphasizing the existence of a moral right, believes that people align their behavior with the rule only when they consider the moral model as a behavioral standard. Therefor the hypothesis of this research indicates that with considering the citizenship rights as moral rights, according to approved internal values, legal norms will be accepted cause its consistency with ethics which leads to the replacement of obligation concept with compulsion to obey the law and improves the relationship between citizen and government.

Keywords

References

Black, Henry Campbell (2011) Black`s Law Dictionary, U.S.A, West Publisher. 6Th
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لآلWenar, Leif (2021) "Rights", The Stanford Encyclopedia of Philosophy.

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