• List of Articles قانون

      • Open Access Article

        1 - The relationship between corporate social responsibility and competitive advantage (Case study: industrial group selection)
        zohre fehrest Hadi Teimouri reza ansari
        Definitely Corporate Social Responsibility in today's competitive world in various fields of business is crucial position due to changes in global markets and sustain competitive advantage for manufacturing companies is very difficult.It was once thought that organizati Full Text
        Definitely Corporate Social Responsibility in today's competitive world in various fields of business is crucial position due to changes in global markets and sustain competitive advantage for manufacturing companies is very difficult.It was once thought that organizations are responsible solely to the staff or to be the best consumer products, lower prices and higher quality to their customers.Secondary consequences for not knowing what the product is, today, giving customers an organization of life-giving organizations to continue to operate in competition with others counts. . The present study is applied in terms of purpose  applicability  and based on the data collection methodnd descriptive and survey type. Required data with questionnaire the customers of Isfahan Selection Industrial Group are gathered and In order to analyze the data, structural equations were used. The results of the research show there is a relationship between dimensions of social responsibility and competitive advantage the organization has taken various social responsibility measures to raise its intellectual capital And it makes the organization different. Manuscript Document
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        2 - The Effect of 1% Law in Industry- University Relation Development
        hossein salaramoli
        In this report, our review of work carried out to evaluate and analyze the parliamentary act defines as law of 1%, which has played a critical role in Iranian S&T development during last three years. This act has been legally confirmed by Islamic Parliament since 2007 Full Text
        In this report, our review of work carried out to evaluate and analyze the parliamentary act defines as law of 1%, which has played a critical role in Iranian S&T development during last three years. This act has been legally confirmed by Islamic Parliament since 2007 in annual budget plan and this confirmation repeated three successive years with small changes. The main job was in practice since 2008, based on this rule more than 530 governmental companies, institutes and banks should increase their S&T investment up to one percent of their annual operational income. In general, during years 2007 to 2010, more than 9762 research priority introduced by these companies and 5247 research projects have been signed. The total amount of these projects was about 8300 B Rls ($830 M). Also in this work, the opportunities and challenges have been reviewed and few comments recommended for annual budget of 2011- 2012 (1390). Manuscript Document
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        3 - درآمدی بر برنامه‌ریزی توسعة علوم و فناوری‌ها
        gholamhossein khoeshidi
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        4 - The Antigone of Sophocles and Athenian Democracy
        مصطفي  يونسي  
        The main purpose of this article is to find the relation between political implications of Sophocles’s Antigone and “Athenian Democracy”. To do so, we have used a structuralist approach the main feature of which is exploring binary oppositions in the text which in turn Full Text
        The main purpose of this article is to find the relation between political implications of Sophocles’s Antigone and “Athenian Democracy”. To do so, we have used a structuralist approach the main feature of which is exploring binary oppositions in the text which in turn results in finding the oppositions within the political-social life that provides a ground for the creation of the text. From the point of view of political thought, the most prominent opposition in the tragedy of Antigone which creats a network of oppositions around itself, is the one drawn between “family”- with its values- and “political system” and the relationships among the citizenry. The importance of this opposition has been confirmed by Christian Meier, Jean Pierre Vernant, Charles Segal, and even Micheal Zelnak.It reveals a transition to the epoch of citizenry’s relations. It also caused the confrontation between “unwritten divine laws” and “man-made written laws”, the opposition that is the main focus of the present article. Manuscript Document
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        5 - Economic Theory, Constitutional Law, and Justice
        abolfazl pasbani
        Using an interdisciplinary approach and analytical method, the present article attempts to find the possibility of applying justice to the economic theory in the Constitutional Law. The main finding of the study is that although the Constitutional Law has acceptable pot Full Text
        Using an interdisciplinary approach and analytical method, the present article attempts to find the possibility of applying justice to the economic theory in the Constitutional Law. The main finding of the study is that although the Constitutional Law has acceptable potentials and offers good solutions, its capabilities have been exaggerated and, according to Amartya Sen, it manifests a kind of transcendental institutionalism. However, attention to unofficial institutions can be more fruitful. Manuscript Document
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        6 - Governance in the Thought and Action Of "Mohammad Ali Foroughi"
          saeede khalili  
        The inefficiency and backwardness in structure of the political system ruling Iran during the Qajar era led to poverty, illness, humiliation and defeat for the people. This means that the metaphysical model of governance has not been able to meet the needs and requirem Full Text
        The inefficiency and backwardness in structure of the political system ruling Iran during the Qajar era led to poverty, illness, humiliation and defeat for the people. This means that the metaphysical model of governance has not been able to meet the needs and requirements of that time. Therefore, the political elites sought to inspire Western civilization to change the paradigm of the ideas governing the political structure of the traditional Iranian system and to adopt a new way of organizing the political matters. Examining the thoughts of these elites indicates an important change in the field of Iranian thoughts, because it was the first time that we were heard concepts such as law, limited power, parliament, justice, and people's government. This approach proves that Iranian society and political structure are moving toward a modern type of government. Among the elites in this field, Mohammad Ali Foroughi has coherent and thoughtful theories about the proper form of government in Iran's political body. Thus, the purpose of this research is to examine the effects of his ideas, to focus on his notion of government, and to answer the question that what kind of government is suitable for the Iran's political structure in his thought. What are the characteristics and components of this government? How was the crystallization of his mental structure about the state in his actions? The research hypothesis is that Foroughi appears to be a constitutionalist with techniques such as constitutional government, the separation of powers, a powerful parliament, the judiciary, and the recognition of civil rights such as freedom of expression and opinion, housing, employment. We have tested the research hypothesis in the context of Skinner's hermeneutical framework. Manuscript Document
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        7 - Factors and barriers affecting the Rolling of civic Ethical Politics from Theory to Practice: about the Possibility of Establishing a Moral Politics based on the Philosophy of Levinas and the Experience of Mossadegh
        حسین مصباحیان
        This article seeks to shed light on the question of what is moral politics and what is its place in the political and moral thought of our time? The article argues that the separation between the two realms of politics and ethics, which Machiavelli has largely proposed, Full Text
        This article seeks to shed light on the question of what is moral politics and what is its place in the political and moral thought of our time? The article argues that the separation between the two realms of politics and ethics, which Machiavelli has largely proposed, may and should be considered a positive achievement for both, but the simple, classical, and absolute form of this separation isn’t defensible in our contemporary political and moral thought. For this reason, this article, based on the teachings of one of the most important philosophers of ethics, "Emmanuel Levinas", has tried to help strengthen the theory called "Ethical politics" and by defining ethics as the first philosophy and politics as an instrument to actualize the foundational ethical “Hospitality”, find a way to link ethics as teleology of peace and politics as its practical agent. The second part of the paper extracts and clarifies Mohammad Mossadegh’s notion of “the relationship between ethics and politics”—which serves as the foundation and source of his political activities—from his letters, memoirs, lectures and treatises. A presumption of this paper is that Mossadegh had developed a project within the political sphere which can be deemed as ethical in certain respects. I argue that this project can in turn be interpreted as an indication of the unity between the ethical and political spheres in Mossadegh’s thought. Manuscript Document
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        8 - Comparising the components of democracy with the criteria of good governance in the light of international law
        Akbar Savari Samaneh Rahmatifar Shahram  zarneshan
        The purpose of this study is to explain the components of good governance as indicators of democracy in order to end the divergence of views in understanding democracy from the perspective of the Practical procedure of international law. Good governance is one of the pr Full Text
        The purpose of this study is to explain the components of good governance as indicators of democracy in order to end the divergence of views in understanding democracy from the perspective of the Practical procedure of international law. Good governance is one of the prescriptions of international institutions for national systems and democracy is one of the long-standing social aspirations of nations. The research method is descriptive-analytical with a genealogical approach; In this way, after describing democracy and good governance, in terms of their history in international law, the components of good governance as the principles of democracy are measured through the comparative method. The result shows that the components of good governance have the potential to become indicators of the principles of democracy and, by objectifying democracy, make it possible to measure the degree of democratic legitimacy of states in terms of international law; Thus, in international law, a legitimate state is a democratic state, and democracy means the domination of good governance over all relations between citizens and the state. Manuscript Document
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        9 - Explaining the position of the President in the Constitution from the perspective of the efficiency of political institutions in the Islamic Republic of Iran
        seyedreza shakeri
        Political institutions in the light of the evolution of political thought and theories can show new possibilities and limitations. The President has an important and decisive position in the Iranian Constitution, which stems from the direct vote of the people, the ratif Full Text
        Political institutions in the light of the evolution of political thought and theories can show new possibilities and limitations. The President has an important and decisive position in the Iranian Constitution, which stems from the direct vote of the people, the ratification of the Supreme Leader, the representation of Iran's national sovereignty in relation to other countries, and its symbolic national face.Today, when the power of states and governments has diminished and, instead, human and individual responsibilities have been highlighted in various spheres of society, politics, and economy and in common human issues, the position of the President, according to new readings, acquires such capacities.Today, as the power of states and governments has diminished and, instead, human and individual responsibilities have been highlighted in various spheres of society, politics, and economics and in common human issues, the position of the President, according to new readings, acquires such capacities.The question of this research is what is the role and position of the president in the constitution according to the efficiency indicators and how can this position be promoted in practice to increase his efficiency? The position of the President is studied in this article with the aim of recognizing and explaining the new possibilities of political action.This effort is based on the components of efficiency within the normative institutional theory. The results show that all the human and cultural content of Constitution can show and reveal new functional aspects for president according to those components. Manuscript Document
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        10 - A Comparative Study of Mortgage Contract and Its Establishment in Iranian and American Legal Systems
        Farideh  Shokri
        Abstract: According to Iranian legal system, despite the existence of fixed debt in an obligation, pledgee and its waiver, the mortgage contract shall be enforceable and the right of pledgee shall be established on the mortgaged object. This is done without any differen Full Text
        Abstract: According to Iranian legal system, despite the existence of fixed debt in an obligation, pledgee and its waiver, the mortgage contract shall be enforceable and the right of pledgee shall be established on the mortgaged object. This is done without any difference between the two stages of creation and establishment of the right of pledge. Even in the case of immovable mortgage it is obligatory to register the document. On the other hand, in Iranian legal system the principle of transferability of the mortgage – however briefly – has been officially recognized so that conclusion of a mortgage contract and the establishment of the right of pledgee is no obstacle to future transfer of mortgage or pertinent rights by the mortgagor in case it does not violate the rights of the pledgee. The rule of this principle, without special stipulations on establishment of the rights mentioned in the contract such as obligation to register the mortgage, will sometimes raise consequences such as dispute in discerning priority, reference to the superficial contracts containing the date of priority and consequently violating the rights of pledgee as well as legal dispute in courts and probably penal procedures. Whereas in many legal systems across the world, the US legal system for instance, there is a distinction between the two stages of concluding the mortgage contract or a pledge and stipulations for the establishment of the rights of mortgage for either side. In these legal systems, a distinction has been made between movable and immovable mortgage and establishment of the right of pledgee on each case requires finishing certain formalities otherwise, the right of the pledgee will be incomplete and the priority will be with the other party finishing the procedure. The question raised in this paper is this: Is it possible to make a distinction between the two stages in Iranian legal system with respect to the existing jurisprudential laws and the enforceable legal texts? Manuscript Document
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        11 - Legal-Jurisprudential Analysis of Conditional Sale Option in Relation to Transactions with Right of Restitution
        Saeed  Karami
        Abstract: There is divergence of opinions on contracting or pledging in optional sale. Imamiyah jurists endorse the act and consider it as an instance of sale in nature. Sunni jurists identify optional sale as bay’ al-Wafa or buyback sale, associating it with a pledge ( Full Text
        Abstract: There is divergence of opinions on contracting or pledging in optional sale. Imamiyah jurists endorse the act and consider it as an instance of sale in nature. Sunni jurists identify optional sale as bay’ al-Wafa or buyback sale, associating it with a pledge (rahn) contract. The conditional sale can be analyzed in two ways: First, the conditional sale involving the contractual relationship between mortgagor (seller) and mortgagee (buyer) stipulated in Article 34 of the Law on Registration of Deeds; Second, the conditional sale that does not govern the contractural relationship between the seller and buyer, and it is a real sale under articles 485-462 of the Law. The conditional sale governing the contractural relationship between the mortgagor and mortgagee is an instance of transaction with the right of restitution (Article 33 of the Law). This is why the law has considered the request for registration of the property in conditional sale as a right for the debtor, because in this type of conditional sale the buyer does not intend to conclude a contract of sale. Any negligence of this criterion will raise ambiguities: First, any conditional sale will be taken as the one with the right of restitution, whereas it is otherwise. Second, the real conditional sale has been well stipulated in Article 399 of the Civil Code; therefore, all sales stipulated in Article 399 of the Civil Code must be considered as the transactions with the right of restitution. It is clear that the existence of the element of option in a sale contract does not mean it is an instance of transaction with the right of restitution. Articles 33 and 34 of the Law on Registration of Deeds are not exclusive to provisions of Article 459, because this article is not about the conditional sale governing the contractual relationship between the mortgagor and mortgagee, whereas articles 33 and 34 of the Law govern such relationship. Manuscript Document
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        12 - The Effect of the marriage of Iranian women with foreigners from a jurisprudential and ethical perspective
           
        A Survey on the Effect of the Iranian Woman Marriage to Foreigners Ali Alebouheh* Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. Parviz Moradgholi Department of religious jurisprudence; Zahedan Branch, Islamic Azad Universit Full Text
        A Survey on the Effect of the Iranian Woman Marriage to Foreigners Ali Alebouheh* Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. Parviz Moradgholi Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. The subject of Iranian woman’s marriage to foreigners is considered a serious issue as it has coincided with the arrival of Afghan and Iraqi neighbors to our country. This issue has caused serious problems to Iran. In addition to political and social problems caused by such marriage, it has also a significant effect on their family situation. In the current legal system of Iran, the differences between the citizenship of a husband because of his women are enacted barriers by the legislatures in Article 1060 of the Civil Code; however, the citizenship of a husband lacks any precedent in legal records. In this paper, the concept of marriage and citizenship, arrangements and legal terms relating to the restrictions of marriage of Iranian women to foreigners and its consequences has been investigated. It was suggested that appropriate education about marriage through social media should be given to women. This issue also should be considered serious in the regulations Manuscript Document
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        13 - Principles and reasons for monitoring people in the constitution Emphasizing the ethical approach
        Ali Kazemzadeh
        In the system of the Islamic Republic of Iran, the most important area of oversight is the oversight of the rulers, since the harmful effects of leaving it far outweigh the effects of the abandonment of people's control over the people. Obviously, if we consider the gov Full Text
        In the system of the Islamic Republic of Iran, the most important area of oversight is the oversight of the rulers, since the harmful effects of leaving it far outweigh the effects of the abandonment of people's control over the people. Obviously, if we consider the government responsible for public order, the government's oversight of the people is more important than the other one. Legally, the oversight of the state and the governments is the duty of all citizens, and everyone is obliged to do the duty of good and forbidding the wrong both to the brokers and to the laws and regulations if they violate the rights of the people. These teachings should be accompanied by a precise explanation of the theoretical and practical boundaries so that it can produce a very useful and fruitful function. In Islam and the Islamic Republic, responsible government officials, orbital ethics, trustworthiness of power, error and inerrancy, and acceptance of republicanism, are the reasons for the oversight of power. This oversight does not accept any restrictions on government and government officials; rulers, governors, and Muslims with all of their high status are not excluded from this monitoring; in spite of this, Islam has established its social method and laws based on morality. It has focused on educating people based on ethical standards. The enforcement of laws has also led to moral education. This executive guarantee, like the internal police, is constantly and completely hidden in secret, unobtrusive, and inaccessible to human beings and prevents misconduct and error. Among the principles of supervision of people in the government in the constitution of the Islamic Republic is based on the principle of the eighth commandment to the famous and non-denominator, which is one of the social laws of the Islamic religion, which is obligatory on the basis of society, and the basis for the prevention and acceptance of this jurisprudence Islamic holy religion is the creation of a sense of public responsibility and universal supervision, in order to ensure the implementation of religious standards and to avoid the prevalence of corruption in society and the reform of affairs. Manuscript Document
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        14 - Moral support in the performance guarantee of government approvals in Iran and the United
        Mohammad Saeed  Ansari   Nader Mardani
        The Islamic Consultative Assembly in its most important task, that is, legislation in accordance with Article 71 of the Constitution, has general jurisdiction and can legislate in general matters. Nonetheless, the parliament has a constraint on this role, which is set o Full Text
        The Islamic Consultative Assembly in its most important task, that is, legislation in accordance with Article 71 of the Constitution, has general jurisdiction and can legislate in general matters. Nonetheless, the parliament has a constraint on this role, which is set out in various constitutional principles. Article 72, for example, states: "The Islamic Consultative Assembly can not legislate to comply with the principles and rules of the official religion of the country or the constitution ..."All laws must be approved by the Guardian Council. Without a Guardian Council, the Islamic Consultative Assembly has no statutory authority, except in the case of approval of the credentials of the representatives, and the election of six lawyers of members of the Guardian Council. In cases where the Assembly of the Islamic Consultative Assembly considers the Council of Guardians to be in violation of the Shari'a or the Constitution, and the Assembly shall not provide the Guardian Council with due consideration to the expediency of the system. The Expediency Council adopts the necessary decisions. In US law, the three executive powers, the judiciary and the legislature are completely independent of each other. The president will not vote for confidence from Congress, but for his ministers, he needs two-thirds of the senators to vote. Manuscript Document
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        15 - Impact of globalization on the conflict of laws from the perspective of ethics
        Abdolmahdi  Heidari Nejad Ali  Almasi
        In this paper, the impact of globalization on the conflict of laws from the perspective of ethics has been examined. Globalization as an existing fact has replaced many works in different sciences and trends. In the field of law science, globalization has also affected Full Text
        In this paper, the impact of globalization on the conflict of laws from the perspective of ethics has been examined. Globalization as an existing fact has replaced many works in different sciences and trends. In the field of law science, globalization has also affected the conflict of laws in three categories. First, in terms of material (material), globalization has implicated itself in the uniformization of laws, which is being implemented by international organizations, model laws, and international conventions. In the second category, the rules of conflict resolution, where there is no possibility of uniformity of the rules of law for some reason, globalization has shown its impact by trying to unify the rules of conflict resolution. In this regard, and given the mutual effects of globalization And ethics on one another, considering ethical standards as one of the commons of human societies, can greatly leave its traces. Ultimately, barriers to the implementation of foreign law, such as public order, good morals and fraud to the law, are also limited by globalization and the possibility of extending the implementation of foreign law. Manuscript Document
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        16 - The Ethical Challenges of Implementing Arbitration in Iranian Legal System
        Ali  Rasoolzadeh Farsad Hamidreza  Oloumi
        The arbitration institution has been considered by the people since the old days as a solution to the disputes based on the agreement of the parties of the dispute.This contractual system of arbitrary has privileges that make it superior to other methods of resolving di Full Text
        The arbitration institution has been considered by the people since the old days as a solution to the disputes based on the agreement of the parties of the dispute.This contractual system of arbitrary has privileges that make it superior to other methods of resolving disputes. The most important principle in arbitration is the finality of Arbitral awards and its most important point is the enforce-ability of the arbitral awards, that supported by national and international rules of arbitration. Since the philosophical basis of arbitration are based on an agreement between the parties, this means accepting the referral of disputes to arbitration involves the parties' obligation in Optional execution.Nonetheless, if the losing party refuses to execute the arbitral awards, it is foreseen that it may be enforced in the relevant laws and regulations. In this article, with reference to the legal prin-ciples of the principle of the entry into enforce of the arbitral Awards, as well as the legal docu-ments, discuss enforce of internal arbitral awards, then outline the implementation of foreign arbitral awards within the jurisdiction of the New York Convention and outside its jurisdiction, and finally, how to implement foreign arbitral awards in accordance with specific circumstances. Manuscript Document
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        17 - Protecting the constitution in the case of bureaucratic justice based on personal dignity and prohibition of dignity
           
        The constitution is the supreme norm of the legal system, and the coherence of this system requires compliance with the rules below the supreme rules. Defending the constitution is certainly one of the great achievements of public law in the last century. The value and Full Text
        The constitution is the supreme norm of the legal system, and the coherence of this system requires compliance with the rules below the supreme rules. Defending the constitution is certainly one of the great achievements of public law in the last century. The value and validity of a constitution is maintained when all elements of the legal system are in harmony with it and the constitution is the dominant element in that system. The Administrative Justice Tribunal, which, under Article 173 of the Constitution, is the authority to deal with administrative disputes and to monitor the compliance of administrative regulations with Islamic law and the law; It opposes ordinary law and primarily the constitution and, by issuing judicial opinions as constitutional norms, has provided a valuable resource, namely judicial practice in the field. In the present article, while examining the aspects of judicial oversight over the administrative functions of the Court in the substantive jurisdiction of state law, the role of this judicial authority will be examined with a view to respect for persons and prohibition of dignity in the Constitution. Manuscript Document
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        18 - بررسی اصول اخلاقی و حقوقی زیست محیطی در قراردادهای نفتی
        مسعود طاهری Masoud alborzivarki Abdollah Kiai
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        19 - Reviewing of the standards for determining state orders from non-state orders
           
        The guardianship of the jurist as a theory religion practice, and developed of God worship from individual in to social and state one has opened a new horizon in different political and Islamic sciences. In recent years it has been felt more necessary to pay attention Full Text
        The guardianship of the jurist as a theory religion practice, and developed of God worship from individual in to social and state one has opened a new horizon in different political and Islamic sciences. In recent years it has been felt more necessary to pay attention to political jurisprudence and issues relevant to the guardianship of the jurist in order to answer the opinions of rivals and clarifying the issue. Shia jurisprudence through its challenging history, has been able to solve jurisprudence problems due to precious of ijtihad driver from Ahl al-Bayt thoughts and is developing. Doubtlessly in recent era there has been plenty of outstanding religious scientist, but there has been a limited number among there who have a school Imam Khomeini is one of them. The author of this essay is, referring to the legal statement holiness. to this article wants to review and study the standards for determining state orders from non-state orders. And explain it by the use of analytical descriptive method of the Holy Quran, reference jurisprudence and principle jurisprudence, and etc books. Manuscript Document
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        20 - Examining the Role of Religious Beliefs in Protecting the Rights of Women Focused on Family Protection Law
        Nafiseh  Nekouie Mehr Atefeh  Hosseini Far
        Although Islam strongly opposes discrimination against women, but does not advocate for their absolute equality. The nature has created men and women as complementary beings in life and in society. Therefore, contrary to Western civilization, Islam has given women and m Full Text
        Although Islam strongly opposes discrimination against women, but does not advocate for their absolute equality. The nature has created men and women as complementary beings in life and in society. Therefore, contrary to Western civilization, Islam has given women and men natural rights not the same rights. However, Islam does not oppose the equality between women and men but it opposes the similarity of their rights. The constitution of the Islamic Republic of Iran has set a high status for women, and in this connection the government is obliged to observe women's rights in all respects according to Islamic standards and guarantee the full rights of all persons, including men and women, and equality of the law of the Supreme Court has been emphasized. In accordance with the Islamic rules governing the country, the current paper examines the new law on the protection of the family adopted in 2013, for the protection of women's rights, as well as three important issues that directly address the challenges of women's rights. The main question of the current paper is whether this law has taken a more effective step towards the stability of the family, rather than the previous law, and has been responding to the question and has also examined the compliance of this law with the Iranian religious beliefs. Manuscript Document
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        21 - The Principles of the Epistemology of the Rule of Law in the Legal System of Iran
        سید محمد علی آل محمد Godrat,o Allah  Noruzy manoochehr Tavassol Naini,
        The concept of the rule of law can be defined with its least constituent component which is the adherence of all groups of society especially the rulers to the law. In the discussion of the principles of the rule of law, the fundamental question is: "What is the obligat Full Text
        The concept of the rule of law can be defined with its least constituent component which is the adherence of all groups of society especially the rulers to the law. In the discussion of the principles of the rule of law, the fundamental question is: "What is the obligatory requirement for a person to legitimize law and adhere to it?" In answering this question, from an epistemological point of view, it is important to consider the role of revelation, experience, and wisdom in man's obligation to obey the law. The most important question that has been considered in this research is the study of the principles of the epistemology of the rule of law in the legal system of Iran. According to the findings of this research, the wisdom and experience of mankind in the current legal system of Iran are only valid in the case of the confirmation of the religion. The majority of people in Iran believe that divine law provides their prosperity and perfection, and this is the most important reason for their adherence to divine law or law approved by religion. Manuscript Document
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        22 - امکان سنجی مجازات مرتد در حقوق کیفری ایران با تأکید بر آموزه‌های روایی و اعتقادی
        ahmad ramezani
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        23 - A Review of the Rules and Regulations of Science and Technology and Relationship to Innovation
        Mohammad reza Ata pour Seyed Habibollah Tabatabaeiyan
        In the concept of innovation systems, the interrelationship between actors is important. One of the most important tools that will shape this interrelationship between different actors in the system is regulations and laws related to science, technology and innovation ( Full Text
        In the concept of innovation systems, the interrelationship between actors is important. One of the most important tools that will shape this interrelationship between different actors in the system is regulations and laws related to science, technology and innovation (STI). In the literature, especially according to some economists such as Schumpeter, it is proven that laws and regulations could have the positive and negative impact on the development of technology and innovation. The literature review has shown that there are three views to achieve a comprehensive legislation in the field of STI. The classification categories are OECD’s rules, technological and non-technological laws and the prevention of failures rules. In addition, in this research, science and technology rules and laws as "lows on science and technology" in other countries are also examined. As a result, the proposed framework is introduced to show the different dimensions considered to achieve comprehensive science, technology and innovation law. Finally, according to this research, there are some proposed factors such as institutional modifications and innovations, determination of important science and technology branches, comprehensive view about these regulating and concept of STI, and attention to dynamics of laws and rules, that decision makers should consider to achieving comprehensive regulations. Manuscript Document
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        24 - Critical Analysis and Survey Politics and Presented Solutions to Protection from Working and Street Children
        Hosein Khobbakht Bentolhoda Niknami
        Problem of working children and street children is one of the most issues related to children in developing and developed societies, there are between 100 up 150 million street children in the world. Cannot presented estimated right from number of this children, because Full Text
        Problem of working children and street children is one of the most issues related to children in developing and developed societies, there are between 100 up 150 million street children in the world. Cannot presented estimated right from number of this children, because there is no definition accurate from this issue and states don’t express breadth of this the phenomenon in yourself country clearly, different and damaging politics by authorities and social factors and family .unfortunately it has provoked to this problem such as unmatched the rules in country and no conformity of existence ruled and a lack of sanctions in encounter of offenders and lack of awareness families from laws of children that indicates this is necessity to confront to the phenomenon more than ever the present article is trying to express solutions direction improvement of children situations after cash politics and survey problems of this children. Manuscript Document
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        25 - Prohibition of Child Pornography in the Context of International and Domestic Documents
        Mohammad Hossein Jafari Elaheh Parsa
        One of the major abuses against the child's legal rights in the community is pornography that violates human dignity, as mentioned in international documents and today it has become a growing global threat. The direct production or direct participation of children in se Full Text
        One of the major abuses against the child's legal rights in the community is pornography that violates human dignity, as mentioned in international documents and today it has become a growing global threat. The direct production or direct participation of children in sexual images is pornography, which is conducted through a variety of media including magazines, cartoons, paintings and animations. Given the irreparable consequences of this damage to children, countries and governments must take appropriate legal action so that this can be done to some degree from the destructive effects of this vulnerable group. Child pornography has been banned and sanctioned in most countries of the world and in international documents and treaties that have been concluded between countries. In domestic law, although it has not explicitly referred to pornography, but it has been declared illegal by numerous instances in several laws, and it has been punished for the offender, but it should be noted that the drafting of the law in this The field is not the only solution to eliminate this crime and to eliminate its effects, but the government must inform the people and families and children. Manuscript Document
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        26 - Explaining Consent and Assent in the Treatment of Children from the Perspective of Jurisprudence, Law and Medical Ethics
        Kourosh Delpasand Zahra Firouzabadi Ahmad Mashkoori Afsaneh Ghanbari Mohamad Nourian
        Background and aim: Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness a Full Text
        Background and aim: Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness and disability. But the important point is to examine the age of the child from the perspective of jurisprudence, law and ethics. Therefore, the present article examines how the framework of Iranian law on obtaining consent from children in a variety of non-surgical and surgical interventions and determining the legal criteria for consent of the child and his or her legal guardians. Method: This research is based on descriptive-analytical method and based on valid library documents and resources. Results: When the parent of the child cares for his or her interests, he or she is the best decision-maker in the therapeutic process. When parents are concerned about the child's best interests, they are the best decision maker in the therapeutic process. However, in cases where the forced parent has a high risk behavior for the child and does not allow the child to take the necessary medical treatment, health professionals must apply for a permit through the Prosecutor's Office to obtain treatment. Conclusion: Consent and agreement in children is a continuous process and in therapeutic situations depends on the child's ability and understanding of the situation. In many therapies, involving children in decision-making helps them to participate in the treatment process. It is recommended to set consent rules for the treatment of children in a variety of non-invasive and non-surgical interventions and invasive and surgical interventions. Manuscript Document
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        27 - Manifestations of differential penal policy towards child victims with a look at the Child and Adolescent Protection Law adopted in 2020
        bahram jafary
        Child victimization poses a dire threat to the most sensitive and important assets of society. Accordingly, in international documents and domestic laws, differential policies have been adopted to prevent victimization while limiting and eliminating its effects and prec Full Text
        Child victimization poses a dire threat to the most sensitive and important assets of society. Accordingly, in international documents and domestic laws, differential policies have been adopted to prevent victimization while limiting and eliminating its effects and preclude secondary child victimization. Using the library and descriptive method, the present study, with emphasis on the Child and Adolescent Protection Law, attempts to discuss the aspects of the differential policy approach aimed to protect child victims in the iranian legal system. The results indicate that there were scattered, yet inadequate, regulations protecting children in various substantive and formal aspects in the past; However, while developing the scope of differential protecting regulations, the enactment of the Child and Adolescent Protection Law in 2020 has provided considerable preventive and monitoring- oriented views, especially through making legal intervention in favor of children and adolescents that are at risk or victimization. It can be said that this law clearly factors in differential policies including determining several crimes and specific punishments aimed at protecting children and adolescents and considering special institutional, disciplinary and judicial organizations with the aim of managing, preventing and dealing with child victimization and limiting its effects. Manuscript Document
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        28 - تعیین شاخص ترکیبی سنجش محرومیت در شهرستان‌های منطقه سه آمایش سرزمین بر اساس شاخص‌های قانون استفاده متوازن کشور
         
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        29 - A New Approach to the Conceptual Explanation of Governance and the Characteristics of I.R.I
         
        In the recent decades extensive studies have been conducted about compiling a desired model of governance in the deferent countries. These type of studies have been conducted to identify and measure the quantity, quality and know-how the public policy and administration Full Text
        In the recent decades extensive studies have been conducted about compiling a desired model of governance in the deferent countries. These type of studies have been conducted to identify and measure the quantity, quality and know-how the public policy and administration of affaires. Deferent approaches have been applied regarding governance. Unfortunately there is not a suitable model in the Islamic republic of Iran for administration of affaires although there are a three decades of knowledge experiences accumulation about compiling governmental documents and macro public policy making. This research aimed at identifying and illustrating conceptual explanation of governance and the characteristics of I.R.I. In this research it has been tried to make a comparison and integration between deferent theories to deliver a conceptual model of governance. Then efforts have been made to indigenization of the model regarding to the conditions and requirements of I.R.I. Based on the governmental documents including constitution, 1404 vision of the country and the general policies of first to sixth development plans; the dimensions, categories, indices and characteristics of the government model have been explained. Research Findings show that governmental documents not only have concentrated on the main points and indices of good governance but also have paid a big attention to the governance theory. The comprehensiveness of findings, based on the study of governmental documents by the conceptual model of governance, show the obvious failure of the total analogy of governance by the good governance approach. Finally it is recommended to the country’s researchers to use experiences offered by this research and try to improve the governance theory of I.R.I. Manuscript Document
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        30 - Explaining the legal framework of the constitution and the law of civil services management decisions N.J.I.I
          Ebrahim Azizi
        One of the topics of the day in each period of the formation and implementation of decisions, or in other words the legal decisions are enforced. What is important at this time is the rest of the structure and the legal system decisions. As a director in the government Full Text
        One of the topics of the day in each period of the formation and implementation of decisions, or in other words the legal decisions are enforced. What is important at this time is the rest of the structure and the legal system decisions. As a director in the government know what decision-making authority and support his decisions or materials which legal principles. Legal principles in documents for the implementation of decisions is better because these decisions will find strong support law enforcement aspects better. One of the challenges facing government managers, particularly managers not familiar with the law and legal mechanisms. Therefore, this article examines the legal principles and legal structure of decision analysis methods are discussed. Constitution and management of the civil service laws that assessed and eventually decide on the model law has been proposed. Manuscript Document
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        31 - A Secure Algorithm to Overcome Fingerprint Classification Problems
        F. Mirzaei H. Ebrahimpour-Komleh M. Biglari
        Fingerprint as a biometric has the most applications in verification and identification systems, because of its specific properties. In identification systems, input image is compared with all of images stored in the database. In huge databases, the comparison will take Full Text
        Fingerprint as a biometric has the most applications in verification and identification systems, because of its specific properties. In identification systems, input image is compared with all of images stored in the database. In huge databases, the comparison will take large amounts of time; Consider FBI databases, for instance. Image classification is one of the approved methods to increase the identification speed. Only one class is assigned to each fingerprint in tradition absolute classification. Various reasons like noise or lack of all the singularity points in captured region, cause the problem in determination of an absolute class for all the images. In this article, a new method based on probabilistic classification is presented. In the proposed approach, a set of classes are considered for each input image with a specific probability. These classes are searched in order of their probabilities priority in matching stage. Experiments on well-known FVC2002 database, exhibit the effect of probable classification clearly. Using only the second and third classes assigned by the proposed method, the identification system achieves about 18% increase in accuracy and 2-3 times speedup in compared to the traditional methods. Manuscript Document
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        32 - State Estimation of Nonlinear Systems Using Gaussian-Sum Cubature Kalman Filter Based-on Spherical Simplex-Radial Rule
        Mohammad Amin Ahmadpour Kahkak بهروز صفری نژادیان
        In this paper, a new algorithm of Gaussian sum filters for state estimation of nonlinear systems is presented. The proposed method consists of several parallel Cubature Kalman filters each of which is implemented according to the simplex spherical-radial rule. In this m Full Text
        In this paper, a new algorithm of Gaussian sum filters for state estimation of nonlinear systems is presented. The proposed method consists of several parallel Cubature Kalman filters each of which is implemented according to the simplex spherical-radial rule. In this method, the probability density function is the sum of the weights of several Gaussian functions. The mean value, covariance, and weight coefficients of these Gaussian functions are calculated recursively over time, and each of the Cubature Kalman filters are responsible for updating one of these functions. Finally, the performance of the proposed filter is investigated using two nonlinear state estimation problems and the results are compared with conventional nonlinear filters. The simulation results show the appropriate accuracy of the proposed algorithm in state estimation of nonlinear systems. Manuscript Document
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        33 - The Right to Education of Children with Need of Mental Rehabilitation in International Human Rights Documents and Iranian Law
        hoda paran mohammad ali pourmottaqi
        The right to education, as a human right, is one of the most important rights defined in international and domestic instruments for all human beings and is mentioned in international documents such as the Universal Declaration of Human Rights and Iran's domestic law, su Full Text
        The right to education, as a human right, is one of the most important rights defined in international and domestic instruments for all human beings and is mentioned in international documents such as the Universal Declaration of Human Rights and Iran's domestic law, such as the Constitution. One of the most sensitive groups entitled to education are intellectually disabled children, who may face obstacles in achieving their rights for various reasons. It is certain that disability should not prevent children from having this important human right, but unfortunately, in practice, we are witnessing challenges and problems in the international and domestic spheres that prevent the timely and appropriate education of intellectually disabled children. One of the most important problems in this regard is the absence of required laws and, consequently, the executive deficiencies in the internal system to fully support and ensure the right to education for children with mental disabilities. Therefore, it is necessary for the legislator to pay special attention to this issue, considering the special situation of children with need of mental rehabilitation. Manuscript Document
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        34 - زمینه‌های کلامی حقوقی امکان تفویض قانون‌گذاری به بشر در حکومت اسلامی با نگاهی به وقایع مشروطه
        Sayed ebrahim hosseni Mohammad javad shafaghi
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        35 - پاسداشت کرامت انسانی و رعایت حقوق غیر مسلمانان در فقه امامیه و حقوق موضوعه
        تورج  همتی فارسانی علیرضا  سلیمی ALIREZA HOSSINI محمد حسین  ناظمی اشنی
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        36 - Critical Study of Gradual criminal liability of juveniles in discretionary offenses (review of the French legal system
        mohammad saeeid shafiei
        In the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded Full Text
        In the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded Non-criminal and criminal measures based on the criterion of age in discretionary offenses of juveniles and has focused on judicial measures on socialization of these people because of refusing to apply repressive criminal responses. Despite of removing gender separation and possibility of apply appropriate responses; there are some ambiguities in acceptance of gradual system in discretionary offenses. not providing to extension of protective and supervisory measures to people under 9 years according to the first section of the article 88 the Islamic Penal Code about criminal liability and restrictions on the use of restorative responses in juvenile procedure, authority of the judge in determining freedom with care method, not being comprehensive measures referred to in article 89 in terms of the impossibility of extension measures under article 88 to not severe offenses of age group 15 to 18 years cause are restrictions that cause not providing to achieve absolutely to differential approach in the field of legislative criminal policy related to juvenile delinquents. This article emphasizes using a descriptive- analytic method and studying of France legal system and former substantive criminal law necessity of taking non-criminal measures on persons under the minimum age of criminal liability, expansion of restorative response, The necessity of using of freedom with care method while giving children to family like September 9, 2002 Act of France and provides efficient legislative criminal policy with critical review each of these ambiguities Manuscript Document
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        37 - Right to health in the constitution of the Islamic Republic of Iran
        SaSaman Allallahveysi ali gorji aznadreyani
        The right to health is part of the fundamental rights of citizens in any political community. Every citizen as a member of the community, regardless of racial, religious, political or cultural considerations, has the right and deserve the right to enjoy this right by vi Full Text
        The right to health is part of the fundamental rights of citizens in any political community. Every citizen as a member of the community, regardless of racial, religious, political or cultural considerations, has the right and deserve the right to enjoy this right by virtue of the existence of a citizenship relationship. The right to health includes all medical services, adequate food, affordable housing, clean environment and .... Various and influential factors on health make it difficult to define the right, and countries are required to make fundamental decisions to ensure these facilities, which Iran has recognized in the constitution by ratifying health laws and regulations. Manuscript Document
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        38 - The principle of freedom of contract in dealing with its limitations
        elham ahmadi bani
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        39 - Exploration of Philosophical Foundations of Preservation of Law and its Educational Implications in viewpoints of Plato and Kant
           
        The paper attempts to answer two questions based on the thoughts of Plato and Kant concerning the issue of law preservation. The first question refers to the foundation of law obedience and the second one concerns the educational implication of it. The method of deducti Full Text
        The paper attempts to answer two questions based on the thoughts of Plato and Kant concerning the issue of law preservation. The first question refers to the foundation of law obedience and the second one concerns the educational implication of it. The method of deduction is used in this study and in order to find the similarities and differences of the two philosophers' views the method of comparative analysis is used. Both philosophers define law preservation as the absolute obedience of law. The two aims of law preservation include: a) obedience of law in practice and b) scholarly discussion for the reformation of law. The two philosophers agree on three principles: awareness of law contents, awareness of necessity of law obedience, and the critical view to the laws and their contents. In addition, Plato holds two other principles: respecting the law and the absolute priority of law obedience and Kant holds the principle of reflection and discussion. Educational methods based on these principles are: explanation of legislation necessity in curriculum, presentation of practical models on obedience of educational rules, performing open sessions for discussion and reforming school and class rules and regulations based on the above-mentioned principles. Manuscript Document
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        40 - The Role of Social Responsibilities on Developing Brand Equity in Tourist Destinations: The case of Isfahan
          فرزانه  عبدالمحمدی
        This research investigated the effects of social responsibilities on brand equity in tourism destinations. This is an applied study and follows surveying in goal and method. The statistical population of this study included foreign tourists who traveled to Isfahan and v Full Text
        This research investigated the effects of social responsibilities on brand equity in tourism destinations. This is an applied study and follows surveying in goal and method. The statistical population of this study included foreign tourists who traveled to Isfahan and visited Naqshe Jahan Square in summer 2017. Data-collection instrument was a researcher-developed questionnaire based on the literature and it included 40 closed questions. The validity and reliability of the questionnaire were examined and confirmed through content and construct validities, and Cronbach’s Alpha Coefficient. To analyze the data and to test the hypotheses, both SEM and path analysis were used in the SPSS and LISREL, respectively. The findings showed that social responsibilities in tourism destinations significantly affected brand through brand awareness; perceived value; perceived quality of tourism destination; the brand image of tourism destination; loyalty towards tourism destination. Manuscript Document
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        41 - Social Impact Assessment (SIA): A Review of SIA Procedure in Malaysia The International Journal of Social Sciences and Humanities Invention 5(4), 4550-4557, 2018
        Mohammad  Mujaheed Hassan Ali  Hatami (Persian translation)
        Social Impact Assessment (SIA) essentially is an individual report or a subfield of an Environmental Impact Assessment (EIA). It is demarcated as the social sciences required in developing a knowledge base to provide a systematic assessment, in advance of the impacts, Full Text
        Social Impact Assessment (SIA) essentially is an individual report or a subfield of an Environmental Impact Assessment (EIA). It is demarcated as the social sciences required in developing a knowledge base to provide a systematic assessment, in advance of the impacts, on the day-to-day quality of life of persons and communities whose environment is affected by a proposed project, plan or policy change. SIA is a platform for diverse groups and people in a community to voices out their need and concern. SIA are the ‘people impacts’ of development actions. Social impact assessments focus on the human dimension of environments, and seek to identify the impacts on people who benefits and who loses. New provision has been enforced in January 2017 to the Malaysia SIA procedure. Therefore the objective of this paper is to review the new provision and procedure of SIA enforcement in Malaysia. Manuscript Document
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        42 - Necessity and Possibility of Judicial Supervision over Security Council’s Performance in UN Legal System
        حسین  شریفی طرازکوهی ساسان  مدرس سبزواری
        The issue of judicial supervision over the Security Council has two different, but interrelated aspects. First of all, the “necessity” of such supervision should be discussed. The present article assumes that the Security Council should be committed to the principles of Full Text
        The issue of judicial supervision over the Security Council has two different, but interrelated aspects. First of all, the “necessity” of such supervision should be discussed. The present article assumes that the Security Council should be committed to the principles of international law, the goals of the United Nations, sovereign rights of member states, fundamental human rights guarantees, as well as the basic structure for the division of powers among various organs of the UN. Then it studies the Security Council’s procedure to show that this institution has been frequently found in violation of the aforesaid legal bounds. Security Council’s inattention to the limits of its powers can cast doubts on credibility of the entire UN system. It has been also shown that the “necessity” of judicial supervision can be proven on the basis of the requirements of the “rule of law.” Another aspect of this issue is the “possibility” of judicial supervision in view of the current state of international law. The present paper has shown that although the Charter of the United Nations has remained silent on this issue, it can be confirmed if final goals of this document are taken as basis for its interpretation. Manuscript Document
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        43 - A Comparative Study of Iran's Social Security Law in the Field of Women's Rights with the Documents of International Labour Organization
        Fatemeh Sarreshteh Izadmouoa
        Governments have always paid attention to international rules and documents and try to incorporate them as much as possible in their domestic laws and policies. Along these lines, this article tries to study working women's rights from the viewpoint of the Iran's Social Full Text
        Governments have always paid attention to international rules and documents and try to incorporate them as much as possible in their domestic laws and policies. Along these lines, this article tries to study working women's rights from the viewpoint of the Iran's Social Security Law in comparison with the International Labor Organization's documents. The key question of this article is that "to what extent Iranian laws, especially its social security law regarding women, are compatible with International Labor Organization's documents?" To answer this question, the authors indicate that "in article 20 of the I.R. Iran's Constitution, women enjoy all human rights, specifically the right to social security on equal terms with men in compliance with Islamic criteria. In public law as well as in social security law, gender has no place and its subject is every individual as a human being. The findings of this research show that social security law being influenced by the constitutional and civil laws in some social security services is consistent with International Labor Organization's documents and in some other, is incompatible with them. Manuscript Document