نوع مقاله : مقاله علمی ترویجی
نویسنده
استادیار گروه الهیات دانشگاه یاسوج
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Alongside the rights protecting the physical integrity of the mankind, there are rights that protect the non-material interests of him. The examples of the latter but are not clarified by the jurists and lawyers and the extent of them varied according to different definitions; some consider it as a kind of bodily harm and a counterpart for the damages imposed on financial rights and possessions, while others count it as a counterpart for both bodily and financial harm. Some definitions also have excluded some examples of it and included them in literary harms which have different definition from spiritual harms. Today, given the importance of subject recognition in jurisprudential and legal matters, especially this kind of the rights which are the subject of many current jurisprudential and legal studies, initially offering a single and clear definition of it seems necessary. Therefore, the paper by a descriptive- analytic method and referring to library sources for recognition of assault on the rights relating to non-physical integrity and clarifying its relation with other assaults, in addition to explaining, critiquing and analyzing the existing definitions, has offered a new definition and considered the harm to the non-physical aspect of personality the same as the damage of non-material interests of the person which include the interests of religion and religious beliefs, spiritual integrity, honor and dignity, the power of intellect and the intellectual outcomes. In this definition, the relation of this kind of the assaults with other harms on mankind can be explained regarding the two different interpretations of "material" and "spiritual"; if the two adjectives refer to the subject of assault as the subject of the harmful action, the relation of this kind of assaults with financial damages and assault on physical personality is "partial general particular", but if the two adjectives are meant as the result of the harmful action, then the relation of them is contrary in concept and example.
کلیدواژهها [English]
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