:: Volume 13, Issue 48 (summer 2020) ::
پژوهش نامه اخلاق 2020, 13(48): 119-142 Back to browse issues page
Cognitive Criteria for the Moral Solution of the False Brothers “Independence” and “Despotism” of Judges Based on Religious Sources
Abbas Abdi , Mohammad Reza Javaheri, Nahid Masha’i
PhD Candidate in Islamic Teachings
Abstract:   (954 Views)
The independence of judges in arbitration is an important process that is mentioned in the one hundred and fifty-sixth article of the Constitution. The main issue of this research is the moral solution of the false brothers of independence and despotism in judgment. Judges sometimes become confused between the two when making decisions and sentencing, which can only be resolved by recognizing their nature and criteria for differentiation. The solution to this moral challenge can be proposed in other areas as well, but according to the teachings of the Holy Koran and the narrations of the Ahl al-Bait (AS), the “cognitive” area (data generation and dependent data processing) is of fundamental importance. The works written in this field have dealt with the independence of the judge, judicial justice, judicial etiquette or political despotism, which lack recognition and study of the two, morally speaking. This study, as far as possible, has expressed the criteria, signs and examples of independence and despotism in this field so that judges in the situation have the ability to move out of this astonishment and moral confusion.
Keywords: Independence, despotism, judges, data generation, data processing, false brothers, religious sources.
Full-Text [PDF 352 kb]   (231 Downloads)    
Type of Study: theoretic | Subject: ethics
Received: 2020/10/4 | Accepted: 2020/06/30 | Published: 2020/06/30

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Volume 13, Issue 48 (summer 2020) Back to browse issues page