نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار دانشکدۀ الهیات، پردیس فارابی دانشگاه تهران
2 کارشناس ارشد فقه و مبانی حقوق اسلامی، پردیس فارابی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Expanding and much influence of expert viewpointof specialists in different directions of jurisprudence and especially thinking in increasingthe influence of specialization speed of sciences and skills in jurisprudential and legal inference are representative of importance of expert view. In the jurisprudential and essential authorities of Imamate; the legal reason of viewpoint of expert is firm on the basis of reasonable nature of confirming legislator. Different matters such as mere expertise; reason order;confidence and cancellation of violation possibility and also cancellation of quality and discovery of general validity have been expressed as criterion and standard of the wise in the course of this conduct. The present essay through the study and expression of mentioned criteria has accepted the cancellation of error possibility and validity acquisition and self-confidence as the principal criterion of nature. And after researching some conditions like justice and plurality; validity acquisition; inference and deduction from preliminaries of guess; most learned and life and… as the condition of validity of expert view, the criterion selected is regarded in authenticity of expert viewpoint. On this basis; by expressing the reasonable nature and essential difference of witness and expert view, validity acquisition and confidence - with the exception of cases mentioned with special reason - is introduced as the mere condition of validity.
کلیدواژهها [English]
