المدلولات الفلسفية لنظرية الإدراة القانونية : دراسة قانونية فلسفية على ضوء تحولات العولمة و تطورات القانون

Abstract EN

The study of the philosophical significance of the lawful term connects, in general, between the law, its origin and its objective.

This matter has not received sufficient investigation in the Arab jurisprudence.

That was the reason behind this research and this study of one of the most important lawful terms-if not the most important-which is the Legal Will.

This study aims at clarifying the philosophical significance of the Theory of Will, its law-determined weaknesses and the extent to which these are considered suitable to their contemporaneous developments.

The study, also, approaches the relationship between the Lawful Will and the Mind and addresses the question of which is considered the master over the other and how the law arranged the lawful liability in this aspect.

The study clarifies the relationship between the Will and the Human Action and the extent to which the law takes internal motives into consideration.

The study, then, makes a connection between will and the objective of the Law where the lawful science is considered as a caliber which is not built upon principles of causality as is the case in interpretive sciences; that is why it is inevitable for it to be based upon the idea of searching for the purpose.

The study also approaches some of the factors affecting the Lawful Will, like environment and the sex.