Natural Challenges of Cultures in Support of Humanity

Mohammad Javad Javid
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 A Theoretical Assessment on the Basis of legal Sociology and Legal Anthropology

 

Mohammad-Javad Javid* & Esmat Shahmoradi**

 

Abstract

The relation between culture and nature has been an issue of long-standing debate. Total dominance of one over the other would mean ignorance of human identity in some respect. There is no discussion in the approval/rejection of one or the other; rather, the basic argument is the priority of one over the other, with an aim to support humanity, as a human obligation.

Given the above, the present article seeks to prove the hypothesis that the invariant core within human beings is their very nature, and that cultures, serving as some software to program human life, can be universal and philanthropic provided only that they are established based upon human’s nature and essence. Such an essence is the very element which is occasionally referred to, in religious terminology, as fitrah.

With this in mind, authors of this article are of the view that contemporary cultures, alone, fall short of fulfilling the above obligation; and that mere emphasis on cultures cannot form a reliable standing point for human rights or a global culture, since they are primarily time – and place – bound. For this purpose, the suggestion is dividing culture into variable and invariable elements.

 

* Dr Mohammad-Javad Javid is Associate Professor, Faculty of Law and Political Sciences, University of Tehran, Iran (univiran@yahoo.com). ** Esmat Shahmoradi is an International Law Researcher (eshahmoradi@gmail.com).

 

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