عنوان مقاله English
نویسنده English
Iranian law is moving towards becoming a matter of taste. The best argument for that is the decisions issue from the courts with the motive of creating legal and judicial changes or innovations. The problems arising from the defective legislative system have led the courts to understand and interpret the laws in a desired way and to issue decisions based on personal taste. But it must be asked whether every change is desirable and correct? The court that sentenced someone to wash the bodies of the dead people wants to create a change, but such a change is of course retrogressive. So what should be done to ensure that judicial changes take place in the right direction?
This note attempts to show that Science of Law, like other sciences, relies on fundamental foundations and pillars, and that any change incompatible with the foundations of Law Science destroys this science, no difference whether the legislator violates those principles or the judge in the court. Becoming a matter of taste means that instead of being fiddle to the principles and foundations of law, the taste of the judge or the legislator becomes the basis for approving and implementing laws. This means that judges and non-judges interpret and implement laws not based on the foundations of Science of Law, but on personal taste and, worse, personal, group, or organizational interests.