The Faculty of Law at the University of Karbala discussed the doctoral thesis tagged ((Rules of Justice in Civil Law – Comparative Study -)). The thesis was submitted by the student Taher Issa Wali Al-Shafi’i.
The thesis aimed to show that the rules of justice are the basis on which all laws and systems must be based to achieve the supreme goal of the system in societies, which is the general good of the group as well as the private one for each individual because they are general and binding social rules of conduct, and their violation entails an appropriate penalty, and it differs from justice in that achieving Justice is obtained through equality before the law through the application of legal texts to all, regardless of specifics, while the rules of justice take into consideration the circumstances surrounding persons and legal actions, so the rules of justice are considered among the sources of natural law.
The thesis concluded that factual and intellectual facts are not sufficient on their own to form the legal base; Because these facts are data that express reality, while the law expresses what should be, which is the mandate that must be adhered to, and not everything that is a reality must be adhered to. The judiciary is based on the rules of justice, as it is represented in the adoption of judicial jurisprudence on them to fill the gap in legislation or legal vacuum, whether real or virtual, as well as in the interpretation of legal texts and civil contracts, the rules of justice are the last stage that the judge resorts to in order to obtain the optimal interpretation that achieves balance In legal relations, and giving everyone his right.
