The Holy City The Encounter of New Traditionalism with Foundations of the Modern Public Law

Document Type : Academicm and Research

Authors

1 Professor of Law and Philosophy, Department of Public Law and Economic Law, Law Faculty of Shahid Beheshti University , Tehran, Iran.

2 PhD Student in Public law, Department of Public Law and Economic Law, Law Faculty of Shahid Beheshti University, Tehran, Iran.

Abstract

The current constitutive elements of public law have evolved in the modern era. Among other things, people are regarded as the true sovereign in the modern public law system, they possess rights, and the government is the representative of the people, with the state bearing the duty to guarantee the fundamental rights of its citizens. However, a version of traditionalism has recently emerged that opposes the core elements and foundations of modern public law, such as the rule of law, checks and balances, the egalitarian basis, and the separation of powers, by proposing the idea of the Holy City. This city has a hierarchical structure in which members do not have equal rights. Certain privileges are granted to individuals based on their position in the hierarchy. The highest position in this hierarchy is the Priesthood, followed by the Kshatriya, who hold both spiritual and temporal powers. It is assumed that the Priesthood is appointed by a divine power. The Kshatriya holds temporal power and must submit to the Priesthood. The Holy City is bound to lead to an absolute monarchy.

Keywords

Main Subjects

References

Persian Sources
Ahmadi, B (1374). Modernity and Critical Thought, Tehran: Nashre Markaz Publihing.
Ahmadvand,Sh.& Monsef, Sh (1400). Government and Governance in Neo-Traditionalist Political Thought, Tehran: The Quarterly Journal of Political Thought in Islam.
Alavipour, M (1395). Modernity and Iran's Intellectual encounter with it, Tehran: Critical Studies in Texts and Programs of Human Sciences Journal.
Berman, M (1379). All That Is Solid Melts into Air: The Experience of Modernity, (F. Moradpour, Trans.). Tehran: Printing and publishing organization.
Dabirnia, A, Movahedipur,E, Taleb, A (1402). The relationship Between the Divine Command Theory and Human Rights, Qom: Comparative Sudies on Islamic and Western Law.
Darabi, A & Sadipour, M (1396). Freedom and Human Rights from the Perspective of Seyyed Ahmed Fardid Seyed Hossein Nasr, Qom: Journal of Iranian Political Research.
Etesami, M & Mahoozi, R (1395). The Critique of Modern Science and Politics: A Reflection on the Nature of the State in Traditionalist Thought, Tehran: State Studies Journal.
Guenon, R (1388 A). Crisis of the Modern World, (H, Azizi, Trans). Tehran: Hekmat Publishing.
Guenon, R (1387). Insights into Islamic Esoterism and Taoism, (D. Qahreman, Trans). Tehran: Hekmat Publishing.
Guenon, R (1389). The Reign of Quantity & the Signs of the Times, (A. Kardan, Trans). Tehran: Academic Publication Center Publishing.
Guenon, R (1388 B). The Symbolism of the Cross, (B, Alikhani, Trans). Tehran: Soroush Publishing.
Hart, H (1395). The Concept of Law, (M, Rasekh,Trans). Tehran: Ney Publishing.
Jocelyn, M. & Taylor, Ch (1399). Secularism and Freedom of Conscience, (M.Hosseini, Trans). Tehran: Rouzbahan Publishing.
Kant, I (1370). What Is Enlightenment, (H. Fooladpour, Trans). Tehran: Kalk Day, No.22.
Lings, M (1378). What is Sufism?, (F. Rasekhi, Trans). Tehran: Sohrevardi Publishing.
Loughlin, M (1400). The Idea of Public Law, (M. Rasekh, Trans). Tehran: Ney Publishing.
Oldmeadow, H (1389). Traditionalism Religion in the Light of the Perennial Philosophy,
(R. Koorang Beheshti, Trans). Tehran: Hekmat Publishing.
Plato (1389), Plato: Complete Word, (M. Lotfi, Trans.) (Vol.2, Vol.3). Tehran: Kharaazmi Publishing.
Rasekh, M (1385). Intrinsic and Transverse Features of the Law, Tehran: Islamic Council Research Center.
Rasekh, M (1386). Modernity and Religious Rights, Qom: Nameh Mofid.
Rasekh, M (1388). Supervision and Balance in the Constitutional Law System, Tehran: Derak Publishing.
Rasekh, M (1392). Theory of Right: Right and Expediency: Articles in Philosophy of Law, Philosophy of Right and Philosophy of Value (Vol. 2). Tehran: Ney Publishing.
Rasekh, M (1394). Textbook of Discourses on the Philosophy of Law and the Philosophy of Public Law, Tehran: House of humanities thinkers Publishing.
Schuon, F (1388). Castes and Races, (B. Alikhani & K. Sasani, Trans). Tehran: Iranian Institute of Philosophy.
Schuon, F (1383). Islam and the Perennial Philosophy, (F. Rasekhi, Trans). Tehran: Hermes Publishing.
Shamkhi, M (1395). The Flow of Esotericism in Islamic Interpretations, Meybod: Journal of Ketab-e- Qayyem.
Nasr, H (1388). Knowledge and the Sacred, (E, Rahamati, Trans). Tehran: Sohrevardi Publishing.
Nasr, H (1384). Theoritical Gnosis and Scientific Sufism and the Importance of it in Present Era, (E, Rahmati, Trans). Information of Wisdom and Knowledge.
 
Send comment about this article
CAPTCHA Image

Files

Share

How to cite

Statistics