The role and effect of transparent rules in the legal system

Document Type : Research Paper

Authors

1 Private Law PhD - Faculty of Law and Political Science, University of Tehran, Iran

2 Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

10.22054/jplr.2026.92070.3002
Abstract
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.

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Articles in Press, Accepted Manuscript
Available Online from 24 August 2026