Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Examining the concept of right in the thought of Shahid Motahari and Hofeld

Document Type : research

Authors
1 PhD student in private law, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran.
2 Assistant Professor, Department of Private Law, Faculty of Law and Political Sciences, Ferdowsi University of Mashhad, Mashhad, Iran
3 Associate Professor of Private Law Department, Faculty of Law and Political Sciences, Ferdowsi University of Mashhad, Mashhad, Iran.
4 Assistant Professor, Department of Private Law, Faculty of Law and Political Sciences, Ferdowsi University of Mashhad, Mashhad, Iran.
10.22034/ejs.2024.453004.1770
Abstract
Background and Aim: Right is one of the challenging concepts that has always been the subject of controversy and debate because the difference in its explanation has a great impact on social thoughts. Based on this, the purpose of this paper is to examine the concept of right in the thought of Shahid Motahari and Hofeld.
Materials and Methods: The present article is descriptive and analytical, and data collection was used in data collection.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: In the thought of Martyr Motahari, the concept of right is intertwined with natural and natural rights as the basis of subjective rights, and the understanding of the concept of right becomes possible by considering its foundations, including the principle of end, which is only proposed in monotheistic philosophy. "Wesley Hofeld" has classified the right into four groups (claim, freedom, power and immunity) with philosophical reflection on legal texts in the West.
Conclusion: Martyr Motahari considers the right to be a talent and merit that creation has granted to a person. He considers the natural talents of man as the basis of truth, but its source is God's goal of creation and human excellence. But Hofeld considers the basis of rights to be human desires and material needs, and he searches for the rights derived from this basis in Western legal texts.
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