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غاية القانون في التشريعات المعاصرة

المصدر: مجلة البحوث القانونية والاقتصادية
الناشر: جامعة المنوفية - كلية الحقوق
المؤلف الرئيسي: الفرماوي، إيمان شريف أبو الفتوح (مؤلف)
المجلد/العدد: ع59, ج4
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2024
الشهر: مايو
الصفحات: 463 - 500
ISSN: 1687-2347
رقم MD: 1480219
نوع المحتوى: بحوث ومقالات
اللغة: العربية
قواعد المعلومات: EcoLink, IslamicInfo
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المستخلص: Roman law arose from a customary upbringing, like all the laws of ancient societies. The era of ancient law - which is the first era of Roman law - is characterized by the fact that the sources of law were concentrated in two sources: custom and legislation. Noting that the custom was the primary and first source, while the legislation was a secondary source, as it did not appear except in the republican era. The legislation appeared in the Republican era. The right to propose laws was restricted to the rulers and captains of the commoners, and the Senate had the authority to ratify the laws. And some legislations were issued in the age of the old law, but custom remained the first source, and even the legislations that were issued in this era did not reach us in full, but rather we knew it from the writings of the jurists. The idea of justice is one of the oldest human virtues that expresses an original desire of man to achieve the truth and repel injustice in every place and time, and for this reason, ancient and modern laws adopted it as a goal that the law seeks to realize. An adult medieval philosopher. Throughout history, the idea of justice has acquired many different connotations. This is because the thought of justice is a relative and abstract idea that differs according to time and place, and it is also, as St. Thomas Aquinas rightly says, fully linked to the way and thinking of man throughout the ages. Justice in its reality and meaning is not a characteristic of the law and it is not a phenomenon of society, but rather it is a virtue and behavior of man in his social relations that should be achieved even if there is no law or state due to certain compelling circumstances, because virtue means a permanent and continuous readiness of the human soul to do good. And the response of evil, so virtue bears the stamp of permanence, steadfastness and habituation, but if the virtuous behavior takes the characteristic of discontinuity, then it is not considered a virtue, because discontinuation is linked to opportunism, bias, and linking the moral position to selfish interests, and in this way, a person is either just and virtuous along the line or not. Philosophers distinguish between four basic virtues that should govern human behavior: foresight, justice, control of social behaviour, fortitude and courage. Among these four virtues, foresight and justice are linked to the knowledge of the law, and foresight is a higher virtue represented in the ability to work the mind and sound thinking directed to actions and actions to reach the desired goal, and the legislative and judicial work and the standard of behavior required of individuals should be based on insight.

ISSN: 1687-2347

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