نوع مقاله : مقاله علمی - پژوهشی
نویسنده
گروه حقوق بین الملل، دانشکده حقوق، دانشگاه تربیت مدرس، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Given the necessity of presenting a new classification of global legal traditions, this study identifies the "Main Contemporary" Legal Traditions as the Common Law, Romano-Germanic Law, Islamic Law, and Neo-Confucianism. After presenting this classification and explaining its rationale, the central focus of this study has been on the Neo-Confucianism legal tradition. This legal tradition, which is a mixture of Confucianism, Taoism, and Buddhism, exerts significant influence on the legal systems of various countries, especially China, today. Despite the recognition of the importance of this field, the level of legal publications created indicates insufficient attention from Iranian legal community to this area. Therefore, this study seeks to elucidate the position of the Neo-Confucianism legal tradition in relation to other legal traditions through comparative legal studies and by clarifying the foundations of the Neo-Confucianism legal tradition. It aims to lay the groundwork for initial steps in legal studies related to legal systems influenced by this tradition, including the legal system of China. Firstly, this research demonstrates the necessity of giving attention to the Neo-Confucianism legal tradition alongside other legal traditions rather than subordinate to them. Secondly, it shows without considering the foundations of this legal tradition, namely "harmony," "hierarchy," "service," and "persuasion," a comprehensive understanding of legal issues in legal systems under its influence cannot be achieved, whether within these systems or in the international arena.
کلیدواژهها [English]
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