The Theoretical and Practical Forces and Their Role in the Human Rights and Duties

Document Type : Research Paper

Authors

• ُSajjad Qodrati ¹
• Ahmad Deylami ²

¹ PhD Student, Theology/ Philosophy of Religion, Islamic Azad University, Science and Research Branch, Tehran, Iran

² Associate professor, department of Private and Islamic Law, University of Qom, Qom, Iran

Abstract

Highlights

The Theoretical and Practical Forces and Their Role in the Human Rights and Duties

The Theoretical and Practical Forces and Their Role
in the Human Rights and Duties

Ahmad Deylami*  ׀  Sajjad Qodrati**

Received: 16/11/2018       |       Accepted: 02/05/2019

Abstract

One of the intellectual foundations of the human sciences is its human dimension. In defining the normative system and the philosophy of value also, philosophical, verbal, and experimental anthropological findings are very determinative. In this article, which deals with part of this research program, the main question is: what is the role and effect of the theoretical and practical faculties of the rational soul, in the formation of the legal system of rights and human duties? The purpose of this article is to provide an answer to this question; on the one hand, it is linked to philosophical-theological studies, and on the other hand to the philosophy of value, and in particular to ethical and legal values. This review will inevitably be done in an analytical and comparative way. Given the widespread scope of this question, its territory is therefore limited to the view points of the three prominent theoreticiants: Nasir al-Din Tusi, Allamah Hilli, and Mulla Sadra. A logical sequencedictates that, after the problem is firstly explained, its conceptual foundations should be explained, and then the reasons and the circumstances for basing each right and duty on the theoretical and practical faculties of the human soul are separately explained. The result of this study proves that without the the abovementioned faculties in the human soul, the legal system does of rights and responsibilities does not have an external referent and is not justifiable.

Keywords

Theoretical faculties, practical faculties, rights and duties, Nasir al-Din Tusi, Allamah Hilli, Mulla Sadra.

Introduction

The dominant approach of this paper is theological anthropology. Such an anthropology regards and recognizes mankind as the object of God’s act and creation, and reflects on him from various aspects in such a situation. The three-fold aspects of nature, cause(s), and circumstances of man in the formative and legal form the basis of God’s formative and legal relationship with mankind. In addition to the formative and legal systems separately, the noblest Divine system must also dominate the circumstances of human formative existence and the Divine legal system devised for him. Theoretical and practical faculties are among the most influential elements in the human intellectual soul. On the other hand, the element of right and duty constitute the most fundamental elements of the Divine legal and normative system. The present paper seeks to bring to light the relation between the theoretical and practical faculties of the soul and the right and duty from the viewpoints of Nasir al-Din Tusi, Allama Hilli, and Mulla Sadra. Within the Twelver Shi‘ite Islamic context, there have been several independent research studies on the human faculties of soul from the viewpoints of Shi‘ite theologians and philosophers. Furthermore, there have been several general or specific studies regarding right and duty, although the background of rights-oriented studies within the Shi‘ite Islamic paradigm is not as extensive as the vast spectrum of duty-oriented studies. However, it seems that there has not been any serious study on the relationship of the faculties of the human soul and his rights and duties. This research has been conducted in descriptive-analytical method.

Summary

The main question of this study concerns the effects of the theoretical and practical faculties of mankind on the legislative system of human rights and duties from the viewpoints of the three aforementioned philosophers and theologians. In other words, what efforts do the human formative findings in the context of theoretical and practical reason play in depicting the human legislative and normative system? To put it differently, based on which epistemological and behavioral anthropology has God decided the human system of right and duties? Based on the present study, the following findings have been gained: (1) according to the abovementioned theologians and philosophers, conceptions and explanations of the human theoretical and practical faculties are largely the definitions formulated by the peripatetic philosophers. (2), [2.1.] based on Avicenna’s formulation and Nasir al-Din Tusi’scommentary of Avicenna’sviews, the theoretical intellect or force has the responsibility of recognizing existence or non-existence, or in other words, the facts and categories of existence; and [2.2.] the intellect or theoretical faculty first extracts the general rules of good and evil and normative musts and must-nots based on ontological data, and then applies them to subcategories and instances and executes them with the help of the faculty of choice and will , and motivational tools at hand. (3) Human rights are formed based on the main right that man posseses regarding reaching his goal and purpose; man’s purpose and God’s aim in creating him and the purpose of his life cannot be understood without having identified and appreciated the facts of the human existence and the world, . Without the existence of the practical faculty in man, it would not be possible to discover man’s main right, the rights that follow from it, and the possibility of applying it to more detailed cases, and giving them practical effects. (4) Duties in private and civil modes of life are a means for achieving rights andwithout the existence of theoretical and practical faculties in man it would not be possible for man to identify, justify, and execute the duties. In other words, if the theoretical reason and the practical reason, each of which constitute an aspect or aspects of pure or comprehensive reason, would not have existed formatively in man, a legal system of rights and duties would have been impossible for man.. Therefore, according to a Divine anthropological perspective, man endowed with theoretical and practical forces with the aforementioned nature and capabilities has become the subject of a Divine normative legal system of rights and duties.

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Keywords

• Theoretical faculties
• practical faculties
• rights and duties
• Nasir al-Din Tusi
• Allamah Hilli
• Mulla Sadra

Main Subjects

• Theology