Modern Jurisprudence and Law

Modern Jurisprudence and Law

Reviewing and criticizing the theory of minimal government intervention in family law

Document Type : Original Article

Authors
said khodadadi 1
hossein ranjbar 2
manochehr khodarahmi 3
ali salehi 4
Saeed Mohammadpour 5
1 استادیار دانشگاه لرستان/ دانش آموخته سطح 4 حوزه علمیه قم
2 Ph.D. student of Jurisprudence at the University of Religions and Religions
3 Ph.D. student, jurisprudence and fundamentals, Razavi University of Sciences
4 Ph.D. student of Science and Quran and Hadith / Razavi University of Islamic Sciences
5 PhD in Theology, University of Tehran
10.22034/jml.2024.1971274.1206
Abstract
The amount of government intervention in family rights is a topic that has been debated by thinkers and different views have been presented about how to apply this intervention. The perspective of minimal intervention in terms of historical assumptions considers the family as a private institution that limits the role of the government to the support of the family system. On the other hand, some consider the government's intervention to be completely based on rationality in terms of the special functions of the family system and the provision of social damage in this institution. Another point of view, which is a combination of two common points of view in this field, tries to recognize the elements of the ideal family, part of which is related to the way the government intervenes. In this article, in a descriptive and analytical way, the answer to this question issought: what are the foundations of the view of minimal government intervention in the family from the point of view of jurisprudence and law? Based on this, this research indicates that the characteristic of the ideal family requires the intervention of the government, which is the minimal intervention at the same time as all-round support
Keywords
Minimal intervention
government
rights
family
basics

Subjects