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The Role of Legal Ethics in Providing and Promoting Judicial Justice (Along With Study of Ahl Al-Bayt (AS) Jurisprudence)

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Year: 2017
COI code: ICJE01_102
Paper Language: English

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Authors The Role of Legal Ethics in Providing and Promoting Judicial Justice (Along With Study of Ahl Al-Bayt (AS) Jurisprudence)

  Mohammad Mahdi Meghdadi - PhD Associate Professor at Mofid University, Head of Private Law Department
  Boshra Sadat Emami - Ph.D Student of Private Law at Mofid University

Abstract:

Providing judicial justice and fair trial is one of the most importantmissions and priorities of any political system. Undoubtedly, legalpractitioners, including judges, lawyers and consultants are the basic elementsand most influential people in this regard; Those who are in charge ofresolving disputes, proper enforcement of laws, protection of individual andsocial rights and securing judicial justice. Hence, judges and lawyers are theagents of justice and more than anything they should be committed to ethicsand moral values of their profession, so that they can fulfill their greatresponsibilities efficiently. Therefore, addressing legal and professional ethicsand institutionalizing them in legal practitioners is essential.Legal Ethics have been paid attention to in the past century by barassociations and law faculties all over the world, specifically in the UnitedStates various regulations have been adopted such as Model Rules ofProfessional Conduct or Model Code of Judicial Conduct . However it tooka long time to assemble and modify these codes and their scope andenforcement vary in different states.In Islam however, based on the teachings of Shia jurisprudence and thevaluable legacy of Ahl Al-Bayt (AS), judicial authorities and officials arebound to follow specific moral principles –which could be referred to as Professional Ethics – including: Care for dignity, honesty, commitment tojustice, respecting privacy and confidentiality, and guiding the ignorant.Interestingly, in spite of the developments and progress made in western legalsystems so far, nothing like these valuable moral principles –with suchcomprehensiveness and elegance- has yet been mentioned in any document.So it is necessary to codify, and also plan to promote and institutionalize theseprinciples. In any case, one of the main defects of the judicial system in Iran iscaused by the lack of proper attention to practical ethics in judgment and trial;Therefore this paper tries to elaborate the necessity of such development andrespect for legal ethics, and portray the examples and benefits of practicallegal ethics in ensuring social justice, based on Ahl Al-Bayt (AS)jurisprudence.

Keywords:

Legal Ethics, Respecting Dignity, Judicial Justice, Fair Trial, Teachings of Ahl Al-Bayt (AS).

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COI code: ICJE01_102

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Meghdadi, Mohammad Mahdi & Boshra Sadat Emami, 2017, The Role of Legal Ethics in Providing and Promoting Judicial Justice (Along With Study of Ahl Al-Bayt (AS) Jurisprudence), Internationa Confeence on Justice and Ethics, مشهد, دانشگاه فردوسي مشهد, https://www.civilica.com/Paper-ICJE01-ICJE01_102.htmlInside the text, wherever referred to or an achievement of this article is mentioned, after mentioning the article, inside the parental, the following specifications are written.
First Time: (Meghdadi, Mohammad Mahdi & Boshra Sadat Emami, 2017)
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Paper No.: 336
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