Rereading the Concept of Law as a Production Source of the Legal Rule in Thought of Mirza Malkam Khan
From the second half of the 19th century and in the early years of Naser al-Din Shah Qajar's reign, Mirza Malkam Khan introduced a new term into Iranian legal literature: "Law." But what Malkam Khan called "Law", is merely a verbal coincidence with the law as a source of mod...
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Tarbiat Modares University
2025-01-01
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| Series: | پژوهش های حقوق تطبیقی |
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| Online Access: | http://clr.modares.ac.ir/article-20-78099-en.pdf |
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| author | Parisa Assadi Morteza Shahbazinia |
| author_facet | Parisa Assadi Morteza Shahbazinia |
| author_sort | Parisa Assadi |
| collection | DOAJ |
| description | From the second half of the 19th century and in the early years of Naser al-Din Shah Qajar's reign, Mirza Malkam Khan introduced a new term into Iranian legal literature: "Law." But what Malkam Khan called "Law", is merely a verbal coincidence with the law as a source of modern jurisprudence and has fundamental differences. Therefore, elucidating the concept of law in his thought becomes even more crucial for distinguishing it from its contemporary meaning. The present study aims to examine the law constructed by Malkam Khan, on one hand, in light of the valid legal sources during the Qajar period, namely the royal decrees and sharia rules, and on the other hand, in comparison with the concept of law in modern French law. This study aims to show what transformation Malkam Khan sought to create in the existing legal sources by demanding a law, and what deficiencies in these sources led him to pursue a new source. The research, using an analytical-explanatory approach and a historical method, will demonstrate that Malkam Khan sought a law enacted by the government that would produce general legal rules. In his view, law is situated within the foundations of traditional law, and the use of the term law does not equal to "Rule of Law." His law is traditional in substance, and modern in form. |
| format | Article |
| id | doaj-art-e67c225532a3437c875a9c842c4ebc39 |
| institution | DOAJ |
| issn | 2251-6751 2476-6801 |
| language | fas |
| publishDate | 2025-01-01 |
| publisher | Tarbiat Modares University |
| record_format | Article |
| series | پژوهش های حقوق تطبیقی |
| spelling | doaj-art-e67c225532a3437c875a9c842c4ebc392025-08-20T02:57:53ZfasTarbiat Modares Universityپژوهش های حقوق تطبیقی2251-67512476-68012025-01-01284161198Rereading the Concept of Law as a Production Source of the Legal Rule in Thought of Mirza Malkam KhanParisa Assadi0Morteza Shahbazinia1 Postdoctoral Researcher in History of Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran Associated Professor in Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran From the second half of the 19th century and in the early years of Naser al-Din Shah Qajar's reign, Mirza Malkam Khan introduced a new term into Iranian legal literature: "Law." But what Malkam Khan called "Law", is merely a verbal coincidence with the law as a source of modern jurisprudence and has fundamental differences. Therefore, elucidating the concept of law in his thought becomes even more crucial for distinguishing it from its contemporary meaning. The present study aims to examine the law constructed by Malkam Khan, on one hand, in light of the valid legal sources during the Qajar period, namely the royal decrees and sharia rules, and on the other hand, in comparison with the concept of law in modern French law. This study aims to show what transformation Malkam Khan sought to create in the existing legal sources by demanding a law, and what deficiencies in these sources led him to pursue a new source. The research, using an analytical-explanatory approach and a historical method, will demonstrate that Malkam Khan sought a law enacted by the government that would produce general legal rules. In his view, law is situated within the foundations of traditional law, and the use of the term law does not equal to "Rule of Law." His law is traditional in substance, and modern in form.http://clr.modares.ac.ir/article-20-78099-en.pdfmirza malkam khanhistory of lawtraditional lawmodern law. |
| spellingShingle | Parisa Assadi Morteza Shahbazinia Rereading the Concept of Law as a Production Source of the Legal Rule in Thought of Mirza Malkam Khan پژوهش های حقوق تطبیقی mirza malkam khan history of law traditional law modern law. |
| title | Rereading the Concept of Law as a Production Source of the
Legal Rule in Thought of Mirza Malkam Khan |
| title_full | Rereading the Concept of Law as a Production Source of the
Legal Rule in Thought of Mirza Malkam Khan |
| title_fullStr | Rereading the Concept of Law as a Production Source of the
Legal Rule in Thought of Mirza Malkam Khan |
| title_full_unstemmed | Rereading the Concept of Law as a Production Source of the
Legal Rule in Thought of Mirza Malkam Khan |
| title_short | Rereading the Concept of Law as a Production Source of the
Legal Rule in Thought of Mirza Malkam Khan |
| title_sort | rereading the concept of law as a production source of the legal rule in thought of mirza malkam khan |
| topic | mirza malkam khan history of law traditional law modern law. |
| url | http://clr.modares.ac.ir/article-20-78099-en.pdf |
| work_keys_str_mv | AT parisaassadi rereadingtheconceptoflawasaproductionsourceofthelegalruleinthoughtofmirzamalkamkhan AT mortezashahbazinia rereadingtheconceptoflawasaproductionsourceofthelegalruleinthoughtofmirzamalkamkhan |