خلاصة:
The bond between humans and the law is one of the most prominent indicators in the history of human life in society. The question is: why, in some societies, even though individuals are aware of the rule, its importance, and sometimes the value upon which the rule is built, do they not respect it? And can respect for the law guide society towards democracy? One of the most important measures of a democratic society and also the transition toward democracy is respect for the law and the rule of law. The dominance of personal or group laws undermines the authority of 'law' in its general sense and plunges society into a quagmire of disorder and chaos. The enforcement mechanism of any rule is the legal system's reaction to the violation of that rule, and enforcement cannot be considered a mere part of the rule. A law that seeks to be imposed on society by force cannot be called law in the true sense, because it is neither derived from the necessities of social relations nor does it find acceptance through the internal moral obligation of individuals; the existence of such undemocratic laws and practices even damages the legitimacy of other necessary rules and the respect for them. The existence and realization of democracy in its modern concept is one of the most important and perhaps most fundamental requirements of respect for the law by citizens. If a citizen does not participate in the process of identifying legislative necessities and drafting rules through a fair process or by upholding democratic standards, they will not possess the necessary internal obligation to respect the law. \To answer the main questions of this writing, we will have a brief review of three very important theories regarding law and its position in regulating human interactions: law as command, law as a legal system, and the theory of civil disobedience. Finally, we will address the pathology of disrespect for the law in the light of these three theories and the possibility of achieving democracy through the channel of respect for the law. 'The legal system is the monarchy of determined freedoms.' 1 Hegel
ملخص الجهاز:
A law that seeks to be imposed on society by force cannot be called law in the true sense, because it neither arises from the necessities of social relations nor does the internal moral obligation of individuals accept submitting to it; furthermore, the existence of such non-democratic laws and practices even undermines the legitimacy of other essential rules and the respect for them.
To answer the main questions of this writing, we will have a brief review of three very important theories regarding law and its position in regulating human interactions: law as a command, law as a legal system, and the theory of civil disobedience; and finally, we will address the pathology of disrespect for the law in the light of these three theories and the possibility of achieving democracy through the channel of respect for the law.
With the expansion of the unrestrained power of religions, and especially religious custodians who sometimes in cooperation with rulers and sometimes independently, particularly during the dark period of the Middle Ages, placed their personal and group inclinations and interests under the guise of citing natural law as the source for identifying the necessity of forming rules in society, this idea gradually strengthened among liberal thinkers and jurists that rules and laws are for facilitating human life, and therefore, it is this very human who must (3)- Science (4)- Humanities (5)- Jeffrie MurphyJules Coleman,The Philosophy of Law:An Introduction to Jurisprudence, .
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