Issue 3


Philosophy objectification of the human body in civil jurisprudence A comparative study with Islamic jurisprudence

Thanoon Y. Saleh

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 3, Pages 1-96

Abstract
Has been money for several centuries the focus of legal jurisprudence in private law and public did not receive the human body of legal protection only through liability rules or illegal act, which is certainly legal protection subsequent to the occurrence of abuse on the one hand, and protection in the face of aggression of others on the other.
In the twentieth century, specifically in the middle of it, opened the doors wide scientific progress in several areas, especially in the medical field, new horizons will delight rights and providing the requirements of healthy life in terms of physical health and mental health alike.
While this progress risks, where he became a human body shop to handle in terms of its components, as members can philosophy objectify human idea espoused some of the civil jurisprudence and include the introduction of the human body within the range of things, as is well known to us that objects legal divided into two sections: one variety of people, and the other range of funds, the person is the owner of natural right, and is replaced right thing and confer this description or that any legal entity enter under the umbrella of the legal regulation of any of the two systems.
If a person falls within the range of people beyond legal personality granted law them and recognized the latter of which that every living person even if the disappearance of perception, they prove to the sane and the insane and young child a distinctive or he uncharacteristically and then it will be his personal legal have authority to acquire the right and replace the commitments.
If this fact is now recognized in civil jurisprudence, there is a dispute about the nature of the human body does follow body owner and then be a part of his personality, which means enter the human body within the range of the rights inherent in or inherent personality or that the human body is different from someone owner and then take out the human body from a wide rights inherent or inherent personality?
Goes the majority of civil jurisprudence that the right human body falls within the range rights inherent or inherent personality though the human body is no different from the owner, but followed, but some comes out the human body from a wide rights inherent character and then take out the human body from the circle of persons and attached to the range things, and despite the fact that this philosophy of Western ideas but advocates a created a justification for linguistic supported justifications legal attempted through objectification human body and passport procedure legal actions it with such financial So required of us search in this study that the subject required treatment side of the general problem and is a significant attempt to objectify the human body as an idea if what was recognized specialists will face serious legal problems.
Implanted or body such as blood products, or in terms of research in the remedies medical Kaltjarb

Tenant's obligations in the lease contract

Sungol A- Abdul Karim

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 3, Pages 97-141

Projects increasing that needs to financing resources are more flexible and responding for it's growth and expansion requirements in keeping what the world witnesses from quick development in production and marketing technology and rising of obtainment cost on capitalism assets to avoid many accompanying obstacles for traditional financing tools. The research imposed on us searching for financing tools with new legal concepts for this reason financing rent contract came out which is not considered that to be financing tool .the financial foundations rent some supplies ,tools ,devices and the tasks to their agents during specific period of time for rent value that already agreed on it and giving the tenant the options right between purchasing these assets or renewal the contract or it's returning back for these assets.

For the economic function which plays by the financing rent contract as a tool of investments financing so it's legal rules were partially different of organizing legal rules for normal rent contract especially relating with the rights and obligations resulting on both sides of the contract with the form that matching with financing rent contract, smost Arabic and international legislations has already dealt with organizing , otherwise the Iraqi legislator doesn't deal with the rules while the matter was getting our concern. we think to searching in one legal sides that relating with financing rent contract, it was the obligations on the tenant .

Analysis of the idea at the base of the cross-assigned

Mohammed G-Hassan Abdullah

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 3, Pages 142-187

Advantage of private international law alone boasts rules of attribution, which rules conflict of laws within the branches of private law (civil - Commercial - personal status ...) because it protects private rights of individuals (natural and moral) for this they must be characterized by the same descriptions right protected These transactions, and that the application of foreign law but with the explicit consent of the State which issued the rules of attribution, and the application of these rules to to end the dispute before the court, but only sees as a step forward to a label or determine the applicable law.
These rules not apply to actions prior to the promulgation of the law which governs unless the law expressly so, it is not permissible for parties in their agreement on the legal actions contrary to the provisions attribution rules unless the legislature explicitly.
These rules are characterized by several characteristics that distinguish them from the rest of the legal rules, they are rules (organizational and double and the general abstract a national directives international) and would aim of existence is the selection of the law that achieves the appropriate solution and compatible with the requirements of logic and justice and equity, and for that named rules electorate to distinguish it from other rules of direct application.
The rules of attribution including attributed by the application of a particular law, may be hampered by the presence of mind of contraindications application of foreign law, then that these rules may interfere with each other, and often Maitkvl national legislator organized legislation, in order to assign the legal relationship element foreign to the law governed, must be identified nature of the relationship, and any group belongs, to show base attribution Caused by law own, judge in charge of starting adapting the legal relationship, and what was impossible, if not impossible, to put base bonds on all issues or legal relations, due to the complexity and the impossibility of confining advance, legal systems and put each group of similar issues or legal relations in the legal community, and summarized a specific attribution, and in order for the judge to find the base of reference applicable to the matter in dispute, do determine the legal community that fall beneath this issue.
This study is to determine the general framework within which to analyze and interpret the elements base attribution national disputes legal relations with foreign element, so as to determine where the idea assigned, and then a statement point of attachment, which can whereby access to the law ascribed (applicable) as the most appropriate law to govern this relations, and statement Mfterdhat work these rules

Theft in the history of Iraqi law A comparative analysis in the laws of Mesopotamia and Islamic law

Yasser M- Abdullah

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 3, Pages 188-298

We studied in our research ( The Crime Of Theft In The History Of Iraqi Law " comparative Analytical study in the laws of Mesopotamia and Islamic law ) three researches , the first research studied the rules of theft crime in " Mesopotamia as the crime of theft is considered from the most important crime that the old and recent laws cared with it's arrangement that it forms invasion on fund of people which are forbidden for others who are not the owners .
Iraq had subjected for different law rules for many era as in it the oldest civilizations were formed which consisted of the best laws , as " Hammurabi Law " proved the wonderful advance than Law of Romanian Twelve tables which it came after nearly twelve century .
The Laws in ancient Iraq had organized legal basics rule the crime if theft and many punishments were put for it , some of them have civilian shape represents in compensation , and the punishments differed between execution and lower of It .
In the second research we studied the rules of theft crime in Islamic Law as Iraq had released from Persian controlling , then Iraq was subjected for the rules of Islamic Law , this respected Law cared with justice in all it's rules , as it put the punishment of " cutting hand " The Theft in Islamic Law depends , on five elements Taken with hidden .
1- The Place is money .
2- The Place of theft is fund that owned not for the Robber.
3- The Theft needs that the robber must not the trustee on the fund of the crime .
4- The robber must have the intend of owing the theft money

In The Third research , we studied the punishment of the theft in the Islamic law in the case of offering all these element , the punishment of cutting the hand from the wrist is done .
It is cleared to us " the Quran " capability " In theft punishment and the defect of Human law through the cutting the hand of theft as it prevents and finish the case of crime , as the cutting of robber hand forbids and prevents it's using again , and the cutting of the hand of the robber will cause to the less wealth then the less ability of expenditure that cause to the little benefit and much work and fear of future .
Islamic Law acted to protect the society from the theft by distributing the wealth in justice , and considered the Government is the responsible of the living of each person in the society with different ethnics and Religions and believes .
The Human laws failed in fighting crime as the prison doesn't create in the robber the psychological factors that prohibits him to do his crime .

After a dangerous criminal in the discretion of the judge in the criminal penalty

Zainab A- Mohammed Qadu

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 3, Pages 299-349

Spin the philosophy of criminalization and punishment in our time in terms of the concept and nature around the major axis is the community. As we find that the criminal law has shifted its nature as a mere static texts shows what is one of the acts of crimes and penalties imposed for them to criminal policy aimed at the defense of society against the phenomenon of crime. Therefore, the criminal law has become a social function which seeks to combat criminal phenomenon, through the means created by the legislature to achieve this goal. For that stained the task of the judge so that social dye criminal became involved in defense policy positive social through atonement scientific and realistic death. Through discretionary authority granted him by the legislature, which expanded the scope of his job so that the mission social and humanitarian strong study personal perpetrator of criminal conduct an objective study and find out how serious criminal enabling it to choose what is appropriate punishment or measure a way that leads to the achievement of justice.

The question arises how the judge can estimate a dangerous criminal or not and what are the limits of the authority of the judge in the estimate?

Criminal prosecution "principle is convinced the judge"

Raad F- Fatih al-Rawi

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 3, Pages 350-388

العربیةالإنجلیزیةالإسبانیةThe role of the judge in the conviction of the accused is dangerous because it lead to Mjazath in his person or property, or in both. Faisiba of this or that serious damage, and it was necessary if the investigation and justice should be assigned to the accused act confirming or causing any based on firmness and certainty not on conjecture and possibility. It is good for society to escape the offender of the rule of law that does not fall death on the innocent. So it is when has any doubt about the attribution of the act to the accused must eliminate his innocence. Hence the rule of law, which states that doubt explains always for the benefit of the accused.
Judge when reviewing Chapter in المبسوطة suit in front of him built his faith on what Tstmlh and what you reassure the conscience of the existing evidence and items displayed in front of him.
He may not cause his judgment on the opinion of others or based on personal information, and that means not be sentenced by the judge in the case before him on just knowing بالخصومة that استقاه from outside the Judicial Council. The reason is to prevent the judge from that cause judgment based on his knowledge to the inadmissibility of the judge that combines between the witness recipe and the authority of government.
But that does not prevent the judge in that equivalents based on public information that every person would be a scientist. The exception to the freedom of the judge in his conviction, the legislator intervention and enjoined the judge must state the reasons taken by the access to means of proof.

Limits of UN Security Council sanctions after the Cold War

Omar A- Hamid Omar

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 3, Pages 389-451

The limits of Security Council sanctions were not clearly defined in the Charter of the United Nations, as well as the lack of effective control over what the Council is of sanctions under Chapter VII of the Charter of the United Nations, but after the end of the Cold War has been assigned to the Security Council a set of tasks was in the forefront of protecting human rights of grave violations, and the fight against terrorism, noting that the protection of human rights is not in accordance with objective criteria abstract yet linked to the maintenance of peace and security in the absence of a definition and expansion of the concepts of violation and breach of international peace and security, with regard to the fight against terrorism is still the concept is free of a specific definition, this means there is no legal mechanisms agreed for the purpose of combating all this allowed the Security Council to act in the capacity of his command in the absence of control over his work, and the description of the sanctions adopted by the Council under Chapter VII of the Charter measure is incorrect Valtdber means the measure precautionary interim either penalty means the penalty imposed for violating a legal obligation and this is what applies to the provisions of articles 41-42 of the UN Charter The measure applies to the concept of what came by Article 40 of the UN Charter,

The impact of the collapse of the Soviet Union on the international community

Saddam M- Hamad

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 3, Pages 452-499

Not the collapse of the Soviet Union (the former) in the early nineties the disintegration of the state as it was a fall of principle and end internationally and globally, so that the conflict that erupted after World War II between the Western camp led by the United States and the Eastern bloc led by the Soviet Union (the former), a conflict which will be called (the Cold War) (1) was not an international conflict between the two camps, but it was a struggle between two principles: the one hand, capitalism and socialism on the other. Not only this area of conflict on Europe alone, but overtaken by the whole world. The end of this conflict the collapse of the Soviet Union (the former) and disintegration to the states, has deeply معتنقو capitalism in the description of the victory to the extent that the philosopher Japanese Fukuyama saw as the end of history and all the countries that were ties camp east will pay the price, has seen environment global system after the collapse of the Soviet Union (former) radical changes in totalitarian regimes in Eastern Europe and the Soviet Union (former) turned mostly to liberal democracy Western-style.

The Barriers to Political Developments in the Contemporary Iraqi Society

Hamdan R- Mohammed

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 3, Pages 500-520

The consideration of the subject of political development in the Iraqi society became a necessity stemming from the results of pressure overburdening the Iraqi society, ranging from political anxiety that has started to affect the individuals' performances, their attachment to their country and their commitment to the laws and regulations that organize the social life. The course of this policy or experience as it appears requires revision and correction until it is put back on its correct course.
One of the most important tasks at this level is to determine the barriers that prevent the expansion of the process of political development in the Iraqi society while in the same time strengthen the foundations of the democratic structure and integrating the institutional and procedural aspects of democracy. The tasks stated above must be undertaken in order to support the democratic practice and enable it to reach its real potential. The problem confronting political development in the Iraqi society in our opinion is the level of integration of the Iraqi society that we regard as the most important problem that has encountered the consecutive Iraqi governments from the day the Iraqi state was established and still faces them today.