The Relationship between Doctrine and Judicial regulation and Legal Hermeneutics in the Civil Law System

Document Type : Original Article

Authors

Private Law / Faculty of Law / Mofid University / Qom / Iran

Abstract

The civil law legal system, despite the fact doctrine is in a number of law sources, considers the absence of scientific theories as a barrier to accepting those doctrines as the official sources of law. But in the current times, the spread of hard cases, the diversity of judicial interpretations, domination of justice over order and the conceptual inadequacy of the laws have caused modern procedure to be influenced by other sources such as legal doctrine. Furthermore the law is not always determined and it is necessary for the judge to reconcile the rule from the subject, for interpret the capable law. To strength a decision during Judicial regulation and text interpretation and legal subject in order to justified the verdict, is a process that requires arguing. In this passage it is rational that legal doctrine becomes a powerful tool and hides behind the most important part of the verdict, namely, the part of justification, to show an emotional decision in a rational board. But the fundamental challenge, is to select the viewpoints from different verdicts of jurists.The suggested method is that the judge using different theories to give a reasonable face to his intuitive justice.

Keywords

Political Sociology of Iran
Volume 3, Issue 4 - Serial Number 12
February 2021
Pages 1364-1408

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