Comparative Studies in Jurisprudence, Law, and Politics

The inability to enforce is the most prominent feature mentioned in the legal literature, particularly in public international law, regarding soft law or soft regulations. Soft law refers to rules that are not entirely non-binding but are also not strictly binding. Soft law certainly forms a part of the contemporary legislative process by establishing itself as a coherent and consistent rule that seeks to standardize international order in international law. It does so by transforming into custom and international practice. Thus, the rule that is created acts as a coordinating system, either as a preventive measure against potential harm, as a delegated rule for action in the absence of another rule, or as a common international rule. This article, structured through a descriptive-analytical method and based on a library research approach, seeks to answer the question of which theories underpin soft law and how it transforms into a hard law rule in international law.

Whenever there is an imbalance in the rights and obligations of the contracting parties, the contract is considered unfair. This concept is referred to as "unfairness" in English law and as "significant imbalance" in French law, with the distinction that in English law, it falls under consumer protection law, whereas in French law, it is incorporated into contract law. The concept of significant imbalance, which is the focus of the present article, is a legal standard derived from French consumer law and is used by courts to evaluate whether a contractual term is unfair. However, over time, a more flexible form of significant imbalance was extended to commercial law and, with the reform of the 2016 French Contract Law, was included in contract law. The novelty of this concept and the contracting parties' lack of awareness about it may lead to the creation of unfair contractual conditions. This research examines the nature of the principle of imbalance and its impact on international commercial contracts. It concludes that the longstanding discussions on justice and fairness across various legal systems have taken on a modern form within French contract law. French courts seriously pursue and address this doctrine, which, in essence, respects and protects the weaker party in commercial contracts.

The relationship between religion and ethics is one of the oldest issues in the philosophy of ethics, tracing back to Socrates and Plato’s Euthyphro. In recent centuries, this issue has gained renewed attention, as contemporary religious philosophers, observing a lack of spirituality in Western society, have turned back to religion and theological concerns, reviving Renaissance ideals. Interestingly, both religious and atheistic philosophers (such as Marx, Nietzsche, and Freud) have developed theories on this matter. In terms of the importance and precedence of religion and ethics, it can be noted that both concepts date back to the emergence of humanity, although religion in the sense of religious law began with Noah. The discussions presented here aim to impartially address various viewpoints without favoring any particular stance. This study uses a descriptive-analytical method to examine Mullā Ṣadrā’s perspective on religion and ethics, exploring the relationship between these concepts from the standpoint of Ṣadr al-Muta’allihīn. According to the findings, Ṣadrā’s transcendent philosophy, with its unique approach, connects humanity existentially to God, directing individuals toward their ultimate purpose. He identifies the perfection of the human soul and the attainment of happiness as the ultimate goal of human existence. Through this lens, humans have the potential to ascend to the level of angels, provided they embark on the path of perfection and adhere to the divine teachings conveyed by the prophets.

Background and purpose: An emergency is an unusual situation, as a result of which, the application and implementation of laws and regulations face changes. The Corona pandemic, as a manifestation of the state of emergency, has also led to changes in criminal proceedings, suspension of freedom rights or restrictions on the enjoyment of certain rights. Among the stages of criminal proceedings, considering that the preliminary investigation is the main manifestation of the rights and freedoms of citizens in the face of order and security, it is assumed that it will have the greatest impact and changes in the face of Corona. . The purpose of the current research is to investigate the effects of the differentiation of the preliminary research stage in the face of the emergency situation caused by the Corona pandemic.

Research method: The present research was written using a documentary-library method and the research method is descriptive-analytical. In terms of purpose, it is part of applied research.

Findings: The findings of the research show that due to the situation caused by Corona, preliminary research has faced many changes and developments and some of the rights and freedoms of citizens have been suspended and restricted at this stage. This suspension and restriction of rights both in the beginning of prosecution and in the beginning of investigation and conducting preliminary investigations lead to the differentiation of this stage of criminal proceedings.

Results: The results of the research show that the emergence of an emergency situation caused by the Corona pandemic has led to an increase in the powers of prosecution authorities and law enforcement officers at the stage of prosecution, and in the continuation of facing this situation, it has led to the suspension and limitation of the rights and freedoms of citizens. , the right to be present in investigations, the prohibition of issuing arrest warrants and arrest warrants, and the use of friendly institutions, especially the suspension of prosecution, mediation, etc., in starting investigations and conducting preliminary investigations. The mentioned cases are one of the most important manifestations of the differentiation of preliminary investigations in emergency situations compared to normal situations.

Political resilience is an emerging concept that has transitioned from the natural sciences and psychology into the literature of political science and policy studies. Political resilience refers to the continuation of capacity in the face of changes in the political system, understood and shaped through confronting a hostile cultural and political environment. It is distinct from concepts such as stability and resistance, as it focuses on optimizing adaptability and variability due to the political system’s unstable and uncertain environment. This study addresses the question of how and with what policies the political system of the Islamic Republic of Iran in the second step of the Islamic Revolution becomes resilient against internal and external challenges and threats. The study uses a qualitative, normative method, aiming to describe and explain the current state of resilience and its dimensions using a descriptive-analytical approach based on the Three-Branch Model and thematic analysis. By assuming the political system as an organization, a network of themes related to policies is mapped. In response to the main research question, the resilience policies themes are extracted with an emphasis on active interactive relationships between the political system and society at the structural level. Each of the overarching and organizing themes is explained as part of designing the resilience model. The study's findings indicate that at the structural level of the political system, employing resilience mechanisms in public policy formulation, as well as focusing on excellence, monotheistic-centered, and wisdom-centered policies, along with deepening the understanding of leadership's role within the Islamic system, enhances the resilience of the political system of the Islamic Republic of Iran.

Intellectual property can be found almost everywhere, in creative works such as books, films, music, sound recordings, art, software, and even in everyday objects like cars, computers, pharmaceuticals, and industrial and commercial designs and trademarks. Society supports and appreciates the benefits derived from intellectual property and those who dedicate their time and resources to fostering innovation and developing knowledge. This support helps prevent the brain drain of the country's talented minds. The design of the intellectual property system benefits society in various ways. By providing criminal protections for this system, society can achieve the enrichment of public knowledge and culture, support for fair competition, economic growth enhancement, the sustainability of innovation and creativity, technological and cultural advancements, and, most importantly, public benefit, order, and the proper exercise of rights. Therefore, this article examines criminal guarantees against intellectual property violations in domestic law.

In the present research, unlike civil procedure law books that focus on explaining articles and related subjects, the analysis delves into the anatomy of evidence. From a legal and philosophical perspective, the arguments are evaluated. The author dissects the structure of evidence to explore the cause of the obligatory and imposed nature of certain proofs, independent of ideological issues. What mysterious and magical secrets have been embedded within the form of proof that has remained unchanged for centuries, making any alteration or change in the method of proof considered a heresy? Why have jurists and legal scholars accepted the eternal and perpetual nature of these methods, deeming any intervention or modification forbidden? The findings of the study reveal that part of our legal system is immutable, adhering eternally and perpetually to certain methods of proof, regardless of human experiences, advancements, and results obtained. Conversely, another part of our legal system pertains to the methods of inference, reasoning, and argumentation. The heavy shadow of formal logic constitutes another segment of our current legal system, where reasoning does not concern itself beyond the accuracy of the major and minor premises, essentially disregarding the audience and their persuasion. This unidirectional logic compels the audience to accept the result of the argument while being bound and constrained. Thus, we begin to understand why the laws of certain countries serve as sources and references for others, whereas the laws of some other countries are practically considered secondary or even tertiary. The significance of this research lies in its candid examination of these dark and bright legal points, which has led to Iranian law being recognized not as innovative and progressive law but, at best, as secondary law.

The prevention of child victimization in cyberspace is the subject addressed in this article. The issue of crime prevention has permeated all levels of society, and one of the most significant areas is crime prevention in cyberspace. Traditionally, prevention has been divided into situational and social categories. Both models of prevention may be applicable to child victimization in cyberspace. Since threats in the virtual space lead many children astray and can be considered one of the most significant factors endangering their individual and social well-being, we first examine the risk factors and then discuss situational methods for preventing child victimization in cyberspace.