Document Type : Research Paper
Authors
1 Associated Professor of Allameh Tabataba'i University, Tehran, Iran.
2 PhD student in private law of the Allameh Tabataba'i University, , Tehran, Iran.
Abstract
Since 1971, and concurrent with the dissemination of John Rawls’s theory of justice, his views on the concept of justice and its execution in the society has been at the forefront of the recent theories in the twentieth century. In the second principle of this theory (called the principle of difference) Rawls focuses on substances such as distributive and redistributive justice, material justice, inequality in favor of the poors and vulnerable deciles and ensuring welfare for all.
As we do not expect law and specially the branch of civil responsibility to be indifferent to new approaches toward justice, this essay tries to analyze the first article of the Iranian civil responsibility Act in the context of Rawls’s theory.It is assumed that this article plays an important role in the legal system in this country. From the authors point of view the discussed article contains some characteristics like following legal formalism, centralization on formal justice (vs. material justice) and tendency to execute corrective justice (vs. distributive or redistributive justice). These features lead to obvious differences with Rawls’s considered approach about justice and equity.
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