Articles Information
American Journal of Educational Science, Vol.4, No.4, Dec. 2018, Pub. Date: Sep. 4, 2018
The Comparative Investigation at the Education of Philosophy of Right from Aristotle to Rawls
Pages: 115-121 Views: 1703 Downloads: 684
Authors
[01]
Mohammadreza Shahidipak, Department of Humanity, Islamic Azad University Central Tehran Branch, Central Tehran, Iran.
Abstract
Education of right is most important topic of law education. any scholar in length of history tried to educated the philosophy of right to Contemporary societies. In the first time Aristotle discussed and Taught about natural law but the presence of rights are both moral and legal in very school of law in the east and west of the world’s board sense, in everyday language most people have little doubt what a right is? and a right usually understood and Taught to mean more than a standard moral and there is twin issues of the right – utility conflict and the assertion or denial of absolute of basic rights remain central. in historical point the popular terminology of right had been debated and learned from Greek and Romans to medieval Europe special in the period between the French and American revaluation and the second world war. there is in medieval philosophers separated between legal right of animal and legal right of singular man and legal right of state as in law treatise of Ali (713) and Averroes (1198) in commentary on republic of Plato talked in any kind of right and discussed singular right of women from political and sociological and philosophical view. In modern period, the right learned and classified by European philosophers of early seventeen century as Montesquieu and lock and in eighteen century Kant (1804) reexamined Aristotle thought about natural right and deduced metaphysic of law. These thought in natural right and social contract criticized by Bentham (1832) who was rejected right and offered the theory of utility. Philosophy of law in twentieth century has been largely uniformed by question in metaphysics and epistemology and ontology of law and scholars struggled for resolve between right and utility in global area, special in the background of international human right. The question is what is a right in approach of east and west philosophy? Which right’s thesis resolve the conflicts between right or utility and morality or legality and absolutely or relative of right from Plato and Aristotle to Doworkin and Rawls (2002) who struggled to answer by political liberalism theory. Paper investigated philosophical and religious thoughts of any scholars in the style of comparative law that devoted both to describing the content and style of local, national and religious and legal system and to exploring the similarities and differences among them.
Keywords
Aristotle, Right, Rawls, Legal, Averroes, Utility, Kant, Reason
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