The concept of Constraint: A New Approach to the Concept of Contradiction in Law

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Abstract

The concept of contradiction is important in the
interpretation of legal and religious laws because the legislator
uses the concept of contradiction in many laws. In law texts,
this concept has been referred to as condition, attribute, goal,
limitation, number and title. As each of these concepts has
been treated separately, it has caused an increase in the
volume of the relevant law texts. This does not seem to be a
proper policy because all of these concepts constrain the law
in similar ways. Therefore, one can discuss them under a
general umbrella term introduced as the concept of constraint
in the present article. All these concepts are used somehow to
limit or to constrain the subject of a law. The question that can
be raised is whether a law is actually nullified as the
constraints mentioned in it are removed? This article explores
ways of studying and researching concepts related to
contradiction. It expects to introduce a new approach that can
be used in the current practices of law and jurisprudence in
Iran. The findings of the present work indicate that the
concept of constraint is actually a unitary one and one cannot
rely on lexical variations in the related literature. The
intentions of the legislator may be arrived at by considering
both the superficial lexical items used and their logical
implications.

Keywords

Journal of Studies in Islamic Law & Jurisprudence
Volume 3, Issue 6
November 2012
Pages 65-82

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