1
Assistant Professor at Isfahan University, Administrative and Economic Department
2
MA, Isfahan Islamic Azad University, Khurasegan Branch
Abstract
The birth of the "objective fault" concept goes back to early19th century as a reply to subjective fault critics who put the emphasis on the restorative function of the civil liability system and believed this concept is not efficient enough to keep up with the corrective justice. In fact, the emergence of objective fault is owing to the elevated position of reality and realistic approaches in legal studies; approaches that put an end to the totalitarianism of metaphysics appeared in the form of liberal morality and individualism in the legal system. Extreme realists do not believe in metaphysical concepts including justice or fault and place the importance only on the reality. However, moderate realists emphasize on interaction between metaphysics and reality and with the emergence of customary, religious, philosophical and economic principles of fault, this interaction paved its way into the legal system. Nevertheless, challenges seen about objective definition of fault shows achieving this interaction as the basis of functional balance of the legal system is not easy.
Shahābi, M., & Mas'udipour, . (2015). Objective Fault: Reflections on the Interaction between Metaphysics and Reality in the Emergence of Legal Concepts. Islamic Law, 11(43), 137-164.
MLA
Mahdi Shahābi; Āzādeh Mas'udipour. "Objective Fault: Reflections on the Interaction between Metaphysics and Reality in the Emergence of Legal Concepts". Islamic Law, 11, 43, 2015, 137-164.
HARVARD
Shahābi, M., Mas'udipour, . (2015). 'Objective Fault: Reflections on the Interaction between Metaphysics and Reality in the Emergence of Legal Concepts', Islamic Law, 11(43), pp. 137-164.
VANCOUVER
Shahābi, M., Mas'udipour, . Objective Fault: Reflections on the Interaction between Metaphysics and Reality in the Emergence of Legal Concepts. Islamic Law, 2015; 11(43): 137-164.
)