مجلة القانون، المجتمع والسلطة
Volume 15, Numéro 1, Pages 109-129
2026-03-01
A Novel Approach To The Concept Of Wrong (unrecht) In Hegel’s Philosophy Of Right Within The Framework Of The Iranian Constitution
Authors : Gholipour Mohammad Aref . Shabannia Mansour Mehdi .
Abstract
The concept of wrong (Unrecht), a cornerstone of Hegelian philosophy, encapsulates injustice in its legal, social, and philosophical dimensions, revealing the fractures that threaten the ethical and rational coherence of society. Its significance lies not only in diagnosing the roots of injustice but also in offering pathways for its resolution. Simultaneously, the Iranian Constitution, as a comprehensive legal framework, emphasizes social justice, the eradication of discrimination, and the protection of rights, providing a fertile ground for a comparative study that intertwines philosophy with constitutional law. This research seeks to address the question: Are the principles of the Iranian Constitution related to the various dimensions of Hegel’s wrong (Unrecht)? The primary hypothesis asserts that these principles, directly or indirectly, address various aspects of wrong (Unrecht). The analysis reveals that while Articles such as 3 and 29 effectively tackle legal and social injustices through mechanisms like social welfare and the elimination of inequalities, gaps persist in addressing philosophical injustices and fully integrating restorative justice into the constitutional framework. Moreover, this study affirms that Hegel’s wrong (Unrecht), with its multidimensional approach, serves as a robust theoretical model for understanding and resolving injustice. It also identifies the Constitution's success in incorporating certain restorative principles, albeit in a limited scope. By affirming the main hypothesis and critically evaluating secondary hypotheses, this research highlights how the interplay between Hegelian philosophy and the Iranian Constitution can illuminate pathways to reinforce legal and social structures, ultimately fostering a more cohesive and ethical societal order.
Keywords
Unrecht ; Hegel's Philosophy of Right ; Iranian Constitution ; Dialectic ; wrong
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