نوع مقاله : مقاله پژوهشی
1 استاد دانشکده الهیات پردیس فارابی دانشگاه تهران
2 دانشآموخته رشته فقه و مبانی حقوق دانشگاه فردوسی مشهد
3 دانشآموخته رشته فقه و مبانی حقوق دانشگاه آزاد اسلامی واحد تهران مرکز
عنوان مقاله [English]
Discussing the basis of new-formed issues in any science leads to a logical and systematic progress and development in that science. One of the new issues to be discussed in the ‘principles of jurisprudence’ (or Fegh methodology) and its philosophy is the basis of Martin Heidegger and his student, Hans-Georg Gadamer, in understanding and reading a text, which is called "philosophical hermeneutics". Two of its important teachings, i.e. "not achieving the author's intention" and "considering personal istizhar - along with partial and not typical preconceptions - correct", has a great impact on the two sciences. Therefore, the main question of this article is to analyze the possibility of proposing the above two hermeneutic principles as propositions in the science of ‘principles of jurisprudence’ and its philosophy. Based on the findings of this research, the important principles of ‘philosophical hermeneutics’ should be evaluated in both the ‘principles of jurisprudence’ and its philosophy and must be considered as their issues. Therefore the doctrine of "the possibility of achieving the speaker’s intention and being speaker-based" should be included in the knowledge of ‘the philosophy of principles’ as one of the affirmative principles of ‘the principles of jurisprudence’; and the reliability of the doctrine of “considering personal – and not typical – Istizhar correct” - which is applied in various chapters [of ‘the principles of jurisprudence’] including commands, prohibitions, general and particular, absolute and non-absolute, certainty and suspicion - should be considered and studied by Figh methodologists as a part of the problems of ‘the principles of jurisprudence’.