The legitimacy of the rulings of the absolute government in concluding contracts in the minds of the political schools of the West and Islam

kiani, azeen; khosravi, hasan; abbasi, bijan

Volume 10, Issue 3 (9-2020) پژوهشهاي سياسي جهان اسلام 2020, 10(3): 225-247 | Back to browse issues page

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kiani A, khosravi H, abbasi B. The legitimacy of the rulings of the absolute government in concluding contracts in the minds of the political schools of the West and Islam. پژوهشهاي سياسي جهان اسلام 2020; 10 (3) :225-247
URL: http://priw.ir/article-1-1481-en.html

The legitimacy of the rulings of the absolute government in concluding contracts in the minds of the political schools of the West and Islam

Azeen Kiani¹

, Hasan Khosravi ^*

², Bijan Abbasi³

1- PhD student in Public Law, Islamic Azad University, North Tehran Branch
2- Associate Professor, Department of Public Law, Payame Noor University, Shahreri Center , HKH.BE82@YAHOO.COM
3- Associate Professor, Department of Public Law, University of Tehran

Abstract: (707 Views)

The purpose of this article is to analyze the legitimacy of the rulings of the absolute government in concluding contracts in the thought of the political schools of the West and Islam. From Hobbeschr('39') point of view, any kind of contract is the result of a deep knowledge and understanding of what is agreed upon. Government contracts from this perspective mean the transfer of all contracts to the government and their implementation. Private contracts have little place in this theory. Because according to this theory, he has attributed the absolute right to the government. Locke believes that he does not consider absolute power to belong to that state. That is, the government alone - cannot perform all contracts according to its principles and rules and regulations. But based on the level of peoplechr('39')s satisfaction with the type of contracts that are implemented as a plan. It should go to other departments that privately execute contracts through auctions and tenders. Assign. In Kantchr('39')s view, unlike Locke and Hobbes, he articulates moderation for public and private contracts. As justice is the most important key point for Kant. This means that contracts that the government can execute are handed over to the government. And contracts can be executed privately or outsourced to the private sector. According to Kant, he does not consider the state to be the absolute ruler. Rather, he considers it the executor of justice.

Keywords: The Legitimacy of Absolute Rulings, the Nature of Concluding Contracts, the Thought of Western Political Schools, the Thought of Islamic Political Schools

Full-Text [PDF 337 kb] (490 Downloads)

Type of Study: Research | Subject: Special
Received: 2020/06/23 | Accepted: 2020/09/17 | Published: 2020/09/22