Public Law Studies Quarterly

The Ethical Ontology of the Political-Legal Structure of Neutral States with Emphasis on the Theory of Moral Anti-Realists

Document Type : Article

Authors

Hossein Rahmatollahi 1
Elham Bizhanpoor 2

1 Associate Prof, Department of Public Law, Faculty of Law of farabi, University of Tehran, Iran

2 Phd student in public Law, Faculty of Law of farabi, University of Tehran, Iran

https://doi.org/10.22059/jplsq.2021.331763.2909
Abstract
The discussion of the ethical ontology of states and the relationship between the legal system and the moral system and their influence on each other is one of the most important topics in contemporary legal philosophy and the trend of public law. The moral paradigm of states, which are divided into two spectrums of neutral and perfectionist states, is different. Neutral states, meanwhile, often fall into the category of moral non-realists due to their individualistic structure and belief in the contractual legitimacy of power and their acceptance of moral relativism. Proponents of anti-realism believe that moral values and requirements are not outside the minds and perceptions of individuals, and that the standard of morality is determined by individuals. In this theory, it is emphasized that ethics has no spatial ends and is relative. Therefore, this paper tries topresent the views in the field of moral anti-realism with an analytical and descriptive method, describing the theoretical foundations of neutral states and the intellectual foundations of the school of anti-realism - in cases such as relativism, subjectivism, and non, emotionalism and non-driven is from ought.

Keywords

anti-realism
neutral government
individualism
relativism
emotionalism
Subjects

  1. English

    1. Butchvarov, p. (2015) Anthropocentrism in Philosophy: Realism, Antirealism, Semirealism, Vo.l 1, New york, de Gruyter press.
    2. Mizrahi , m. (2020). The Relativity of Theory: Key Positions and Arguments in the Contemporary Scientific Realism/Antirealism Debate, Edition:1st ed. Springer International Publishing;Springer press.
    3. Vallentyne, P. (2003). Social Contract and the Currency of Justice: an introduction in peter vallentyne equality and justice : social contract and the currency of justice. Londen. Routledge pres.
    4. Vallverdu, J. (2015). An Ethic of Emotions. https://www.researchgate.net.

     

    References In Persian:

    1. Abedi Renani, A. (2006). McIntyre's Critical Approach to the Foundations of Liberalism. Political Science Quarterly, (2) 34. 221-245 (In Persian).
    2. Ahmadi, A., & Mesbah, M. (2019). Realism and Liberal Ethics. Quarterly Journal of the Religion of Wisdom, (11) 42, 121-142 (In Persian).
    3. Arblaster, A. (2010). The Rise and Fall of Western Liberalism. translated by Abbas Mokhber, Fifth Edition, Tehran: Markaz Publishing (In Persian).
    4. Berlin, A. (1398). Vico and Herder in Two Studies in the History of Thoughts. translated by Idris Ranji, Tehran: Phoenix Publications (In Persian).
    5. Blokhi, A., & Moslehnejad, M. A. (2017). Critique of Emotionalism. Journal of Moral Knowledge, (1) 22, 23-44 (In Persian).
    6. Emmanuel Kant, (2009). Philosophy of Law, translated by Manouchehr Sanei Darreh Bidi, Tehran: Naghsh va Negar (In Persian).
    7. Frankenna, W. K. (2004). Philosophy of Ethics. translated by Hadi Sadeghi, Qom: Taha book (In Persian).
    8. Garai, A., & Hosseinzadeh, M. (2016). Critique and study of the principles of liberalism. Moral Knowledge, (2) 7, 64-83 (In Persian).
    9. Ghaffari, A. (2006). Emotionalism in Ethics. Journal of Islamic Studies, (4) 71, 34-61 (In Persian).
    10. Haeri Yazdi, M. (2015). Explorations of Theoretical Wisdom, First Edition. Tehran: Publications of the Research Institute of Iranian Wisdom and Philosophy (In Persian).
    11. Holmes, R. (2006). Fundamentals of Philosophy of Ethics, translated by Massoud Olia. fifth edition, Tehran: Phoenix (In Persian).
    12. Kant, E. (2020). Courses of Philosophy of Ethics. translated by Manouchehr Sanei Darreh Bidi, Tehran: Naghsh-o-Negar Publications (In Persian).
    13. Kerchin, S. (2018). meta-ethics. translated by Muslim Babaei and Mohammad Zandi, Qom: Taha book (In Persian).
    14. Khosravi, H. (2021). Foundations and Constructive Components of Society to the Political-Legal System in the Context of Public Law. Quarterly Journal of Public Law Studies, 51(1), 299-320 (In Persian).
    15. Mahmoudi, H., & Bagheri, F. (2021). Dialectics of Theories and Elements of Dominant Rules in International Law. Quarterly Journal of Public Law Studies, accepted article, published online from January 1400, 2-22 (In Persian).
    16. Mendous, S. (2016). Neutrality in Philosophy of Ethics and Political Philosophy. translated by Fatemeh Sadat Hosseini, Qom: Taha's book (In Persian).
    17. Motusali, M., & Rostamian, A. (2017). Subjectivity, Insight, Creative Action in the Austrian School. Quarterly Journal of Economic Research, (17) 64, 108-126 (In Persian).
    18. Mulla Yousefi, M. (2004). Moral subjectivism. Rahnemoun, (1) 7-8, 101-132 (In Persian).
    19. Musazadeh, R. (2016). The Concept of the Spirit of Brotherhood in Article 1 of the Universal Declaration of Human Rights, Its Conceptual Challenges in Liberal Societies. Quarterly Journal of Public Law Studies, 6(2), 393-416 (In Persian).
    20. Peikfegh, S. (2019). The Extensive Extent of Ethics, Defending the Foundations of the Moderate Ethical Approach Based on the Foundations of Right-Oriented Contractism. Journal of Ethical Research (1), 44-67 (In Persian).
    21. Rahmat Elahi, H., & Shirzad, O. (2016). Perfectionism and Neutrality in the Structure of Power and Public Rights. First Edition, Tehran: Majd Publications (In Persian).
    22. Rahmat Elahi, H., & Shirzad, O. (2017). Reflections on the position of religion in the evolution of Western political ethics. Philosophy of Religion, 14(4), 730-748 (In Persian).
    23. Sanei Darreh Beidi, M. (2010). Philosophy of Ethics in Western Thought. Tehran: Shahid Beheshti University Press (In Persian).
    24. Shahriari, H. (2019). Philosophy of Ethics in Western Thought. Fourth Edition, Tehran: Samat (In Persian).
    25. Shamali, M. A. (2001). Relativism, views and bases. Theological Philosophical Research, (2) 42, 420-451 (In Persian).
    26. Sharaf, R. (2012). Evaluation of moral relativism from the perspective of Islamic ethics. Journal of Ethical Research, (2) 8, 22-51 (In Persian).
    27. Sharifi, H. (2004). Ethical contractivism, theories on the justification of moral propositions. Journal of Education, (23), pp. 145-167 (In Persian).
    28. Soroush, A. (1978). Knowledge and Value, a research on the relationship between science and ethics. first edition, Tehran: Yaran Publications (In Persian).
    29. Tavakoli, G. H., & Mehrabzadeh, F. (2010). Moral Realism. Ethics Quarterly, (6) 20, 56-77 (In Persian).
    30. Tohid Pham, M. (2005). Cycles of Liberalism. Tehran: Rozaneh Publications (In Persian).
    31. Zahiri, M. (2005). Diversity of Pluralism. Ghabsat Magazine, (10) 37, 220-245 (In Persian).
Public Law Studies Quarterly
Volume 54, Issue 1
Spring 2024
Spring 2024
Pages 119-138

  • Receive Date 04 October 2021
  • Revise Date 30 October 2021
  • Accept Date 08 November 2021

Home

Journal Process Ethics

Peer Review Process

Submission

Indexing and Abstracting

Contact Us