نوع مقاله : مقاله پژوهشی
نویسندگان
1 دکترای حقوق خصوصی -دانشکده حقوق و علوم سیاسی دانشگاه تهران-ایران
2 دانشیار گروه حقوق خصوصی و اسلامی- دانشکده حقوق و علوم سیاسی-دانشگاه تهران-تهران-ایران.
کلیدواژهها
عنوان مقاله English
نویسندگان English
The Golden Rule, stating "Whatever you like for yourself, do unto others, and whatever you dislike for yourself, do unto others," has a unique ability to create order and realize justice in human relationships due to its element of rational compatibility and empathy resulting from role reversal. Since ensuring order and justice are among the goals of the legal system, the question is what role and effects this rule has in the legal system. Therefore, in the present study, it was shown using a library method that this rule, due to its rational basis and the creation of an intersubjective relationship, plays a fundamental role in identifying natural rights and extending them to others, and can provide the basis for its adaptation and implementation in society in the form of a general legal principle. Of course, this rule is considered an independent source for discovering customary understanding in the legislative stage, but in the judgment stage, it has a complementary aspect and is effective in interpreting and resolving the ambiguity of rules. This rule is manifested in the legal system in principles such as individualizing punishment in criminal law and the principle of normality in contract law and civil liability.
کلیدواژهها English
