The place of law in realization of legal justice and its influence on judicial interpretation A study of the relationship between law and legal rule in Iranian legal system

Abstract

The Unification of law and legal rule, represents one of the characters of legal positivism on the basis of the legal rule and leads to the unification of law and statute, and can generate state justice and therefore cause the literal interpretation of the law. However, is what we may, by insisting on the distinction of the law and legal rule, cause the ground of the passage of the state justice to the customary justice or divine justice and therefore get rid of the literal interpretation of the rule and move toward a type of interpretation based on the general principles of law? It seems that the quality or the type of the interpretation, in each legal system, depends on the quality or type of the legal justice in the legal system and the type of the legal justice depends on the quality of the foundation of the legal rule. Based on an analytical and positive method, but not on a state method or on that of Kelsen, it supports on the distinction of the law and of the legal rule, refused the monopoly of the state will in the foundation of the legal rule, especially in the legal model Iranian, and provides the ground of the passage of the state justice and therefore of the literal interpretation of the law.

Keywords

• : law
• religious justice
• common justice
• natural justice
• origin of legal rule
• judicial interpretation
• legal system