The position and characteristics of the "custom of the interpreter" in the order of explaining public

Document Type : Original Article

Authors

1 collegian

2 Assistant Professor, Faculty of Law and Political Science, Kharazmi University

Abstract

"Public order" is a universal term in the subject law that is the source of many works in various legal fields. However, the sensitivity of criminal law has highlighted the explanation of this concept in this field of legal knowledge more than other legal fields. In order to explain the nature of legal order, two theories of natural law and positivist law have been proposed. The followers of the school of natural law consider public order to be derived from social structures and the result of the rules of social life, while those who believe in the positive school consider public order to be merely a product of subject law and see its source of existence and validity in law. However, public order seems to be inherently a mediator between a lawless society and a legal society, which on the one hand is the consolidator of the laws of the society and on the other hand is consistent with the laws and legal requirements, and accordingly It develops between the views of the two aforementioned schools. Public order is a complex and ambiguous concept that can not be deciphered from its examples and implications except by referring to the custom of life and behavior of citizens, and this issue makes the study of custom important in order to interpret public order.

Keywords

Political Sociology of Iran
Volume 4, Issue 4 - Serial Number 16
February 2022
Pages 871-889

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