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Reviewing the function of the Aghele from the perspective of economic analysis and social criteria
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Hamid Afkar1   , Javad Khosravi2 |
1- Azad University , hamidafkar1989@gmail.com
2- Kharazmi University of Tehran |
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Abstract: (451 Views) |
Legal economics is one of the social sciences that is recognized as a necessity in legislative policy making. Economics has proven theories, principles, and rules which assists the lawyer in formulating and interpreting legal rules. The result of the combination of economics and law is the refining of some ancient institutions that do not have the necessary efficiency in the present age. One of these is the Aghele guarantee, which appeared in the life of the Arab tribes before the advent of Islam and was confirmed after the advent of Islam. This institution, which can be justified in order to reduce the effects of the crime committed through collective participation in the payment of blood money and the survival of tribal life in the past, is not effective in today's society due to social developments and reliance on economic theories. For this purpose, it is necessary to evaluate the social and economic function of the Aghele guarantee in the present age and to make a correct analysis of the Aghele guarantee in order to make legal institutions and facilities more efficient. In the present paper, the effectiveness of the rational guarantee is measured according to the social criteria of the present age, and based on the evolution of social variables and lifestyle, the necessity of the survival of the rational guarantee will be inferred. Also, by emphasizing the essential place of economics in legal analysis, the function of the wise institution as responsible for compensation is adapted to the principle of efficiency and cost-benefit, and based on these economic principles, a suitable alternative to the Aghele institution is proposed. |
Article number: 11 |
| Keywords: : economic analysis, efficiency principle, cost-benefit ratio principle, Aghele guarantee |
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Full-Text [PDF 579 kb]
(164 Downloads)
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Article type: Research |
Subject:
Special
Received: 2024/04/20 | Accepted: 2024/08/21 | Published: 2024/12/30
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