The nature of the state in the political jurisprudence of Allameh Naini

Document Type : .

Author

Faculty member of Payam-e Noor University, Tehran, Iran

10.30465/cps.2014.9564

Abstract

Constitutionalism was the beginning of political modernity in Iran, and contrary to the common opinion that intellectuals are the main heralds of this transformation, the theoretical efforts of jurists such as Allameh Naini have been very effective in the development of political modernity in Iran. Political modernity has different aspects such as party, parliament, elections, etc., all of which are organized in one institution called "government". Therefore, understanding what the state is is essential for any system of political knowledge, including political jurisprudence. For this reason, the main question of this article is about the nature of the state in the political jurisprudence of Allameh Naini. The hypothesis of the research is that Naini's coherent work, Tanbiyyah al-Umamah and Tanziyyah al-Mulleh, is a treatise on political jurisprudence, which certainly has theoretical reflections on the state. The findings of the research have shown that he had a complex understanding of the government and simultaneously pathologized it (analytical aspect) and prescribed its ideal form (normative aspect); And it is in this last aspect that he explains the nature of the state with the terminology of jurisprudence and in the concept of trust. The approach of this article is descriptive-analytical and the method of data collection is library and documentary.

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