The Theoretical and Practical Forces and Their Role in the Human Rights and Duties

Abstract

One of the intellectual foundations of the human sciences is its human dimension. In defining the normative system and the philosophy of value also, philosophical, verbal, and experimental anthropological findings are very determinative. In this article, which deals with part of this research program, the main question is: what is the role and effect of the theoretical and practical faculties of the rational soul, in the formation of the legal system of rights and human duties? The purpose of this article is to provide an answer to this question; on the one hand, it is linked to philosophical-theological studies, and on the other hand to the philosophy of value, and in particular to ethical and legal values. This review will inevitably be done in an analytical and comparative way. Given the widespread scope of this question, its territory is therefore limited to the view points of the three prominent theoreticiants: Nasir al-Din Tusi, Allamah Hilli, and Mulla Sadra. A logical sequencedictates that, after the problem is firstly explained, its conceptual foundations should be explained, and then the reasons and the circumstances for basing each right and duty on the theoretical and practical faculties of the human soul are separately explained. The result of this study proves that without the the abovementioned faculties in the human soul, the legal system does of rights and responsibilities does not have an external referent and is not justifiable.

Keywords

• theoretical faculties
• practical faculties
• rights and duties
• nasir al-din tusi
• allamah hilli
• mulla sadra