معايير الموازنة : بين المصالح و المفاسد

Abstract EN

Summary of the criteria for balancing benefits and harms.

Research problem: What is the methodology for implementing the balancing criteria to know the most likely interest that should be achieved when two interests conflict, or the greatest harm that should be avoided when two harms conflict, and what is the interest that should be pursued with the commitment of the harming party to it, or the harm that must be averted while wasting the competing interest? especially when competion exists between the interest and the harm? Research objectives are: - Determining the criteria adopted when balancing the interests and harms - Stating of the methodology for implementing the criteria of balancing the interests and harms The most important points: - The criteria for balancing the interests and harms.

- The rule of averting harms takes preference over bringing benefits.

Research Methodology: In this research, the analytical method was adopted.

Research results: - the balancing criteria are taken from the five general essentials, whether inductive or textual.

- The implementation of the mentioned criteria when balancing and weighting the benefits and harms will be in the following order: weighting by the entire importance, then weighting by the rank when the importance is equal, after that weighting by the strength of interest at the union of the entire importance and the rank.

- The context of the implementation of the rule (preventing harm takes precedence over bringing benefits) is the context where the weigher did not find out the predominance neither for the interests nor the harms taking into consideration the coming future