Legal Studies in Digital Age

One of the most fundamental challenges faced by countries is administrative corruption, which has consistently concerned societies. Today, corruption and its control represent a central concern for all countries and international organizations. This concern is clearly reflected in the adoption of conventions and the issuance of numerous resolutions by various international organizations. On the other hand, corruption and the fight against it constitute an essential pillar of any society. Citizens play a crucial role in the detection and prosecution of corruption within any given society. Most anti-corruption strategies have imposed significant financial and human resource burdens on governments, and as social relations grow more complex, increasingly technical and costly solutions are required. One of the most significant strategies in combating administrative corruption is the utilization of social forces and the involvement of civil society in monitoring governmental performance. This approach not only reduces the need to recruit additional personnel and thereby decreases structural costs, but also enhances public trust in the government and fosters a sense of civic responsibility among citizens. Moreover, given the population’s size and geographic dispersion across a country, if effectively implemented, this method can be more comprehensive than other anti-corruption tools. However, if poorly executed, it can be as dangerous as it is beneficial.

Preliminary investigations and prosecution are legal prerogatives of prosecutorial authorities and the police, functioning as human instruments in the procedural stages of criminal justice in both the Common Law system of England and the Romano-Germanic systems in France and Germany. Similarly, Iran—through a fusion of Islamic jurisprudence and codified law (Romano-Germanic)—has been influenced by both the substantive and procedural aspects of French criminal law. In England's criminal procedure, while observing the principles of fair trial, the police—rather than the public prosecutor's office—hold independent and lawful authority over crime detection and preliminary investigations. The Crown Prosecution Service (CPS) acts as the prosecuting body and is responsible for initiating prosecutions in court. However, in the Romano-Germanic legal systems and in Iran, which follows this model, the police are legally mandated—under the supervision and directives of the public prosecutor—to perform the lawful functions of crime detection and preliminary investigations in accordance with the Code of Criminal Procedure. English law recognizes one of its core prosecution principles as the discretionary authority to suspend prosecution, terminate prosecution, or accept guilt, which are seen as key manifestations of this principle. This principle is also embedded within Iran’s Code of Criminal Procedure. The present study investigates the institutions of investigation and prosecution in Iranian criminal law and English law.

One of the consequences of the dynamism of law is that, over time, new legal rules and regimes emerge. These new institutions leave various impacts on different parts of the existing legal system. Consumer law, as one of the influential legal regimes aimed at protecting consumers' rights against suppliers, has introduced extensive principles and rules across diverse topics and dimensions. Consequently, it has had significant effects on the existing legal system in related areas. Given that a substantial portion of social relations is conducted through contracts, one of the most affected fields by consumer law is contract law. This study, using a descriptive-analytical method, examines the impacts that the fundamental principles of consumer law can have on the contract law system. The present research distinguishes between principles and rules, clarifies the functions of principles in the mechanism of influence, and identifies the instances of these rights, analyzing the ways in which these principles affect the contract law system. The study concludes that the fundamental principles of consumer law can play roles—at varying degrees—in all four modes of influence: adjustment and transformation of contract law, allocation of contract law, supplementation, and interpretation of contract law.

Various discussions have been presented regarding the diffusion and displacement of power in international relations, and some predict that this phenomenon will occur in the near future. Among these discussions, emerging technologies, which expanded globally in the 21st century, have accelerated institutional transformations, increased international interactions, and altered core concepts of international relations, including the concept of power. These technologies, by transforming the previous hierarchical order, have had a profound impact on the displacement and diffusion of power in the field of international politics. The purpose of the present study is to examine the impact of 21st-century emerging technologies on the displacement of power in the international arena. Accordingly, the main research question is: What impacts can emerging technologies of the 21st century have on the displacement of power in the international system? The central hypothesis posits that emerging technologies in the 21st century, through information and communication tools, artificial intelligence, robotics knowledge, and fifth-generation internet (5G), by altering the sources and instruments of power, not only contribute to the diffusion of power but also to its displacement, particularly from the United States and the West toward China and Asia. The research method employed in this study is descriptive-analytical, and data collection has been conducted through library resources. The findings of the research indicate that due to the development of emerging technologies such as artificial intelligence and the Internet of Things (IoT), the field of international politics has undergone changes, leading to a transformation and increased complexity in the perception of power and the mechanisms of its exercise. This transformation has resulted in the diffusion and displacement of power at the level of international relations. Among these technologies, "artificial intelligence" constitutes one of the new areas of 21st-century emerging technologies, playing a significant role in the displacement and diffusion of power in international relations.

The right to freedom of assembly is one of the fundamental human rights recognized in international legal systems, notably enshrined in Article 21 of the International Covenant on Civil and Political Rights (1966), and plays a vital role in promoting participatory democracy, accountability, and oversight of ruling authorities. The United Nations Human Rights Committee, in its official interpretation, emphasizes that peaceful assemblies provide an opportunity for the expression of political, social, and cultural demands and ideals and serve as an effective mechanism for the peaceful resolution of social conflicts (United Nations Human Rights Committee, 2020). Nevertheless, in many Islamic societies, the realization of this right requires reinterpretation through the lens of religious and cultural values. This article, employing a descriptive-analytical method, seeks to demonstrate how the institution of enjoining good and forbidding wrong (amr bi al-maʿrūf wa nahy ʿan al-munkar) can offer a localized and religious foundation for supporting and expanding the right to political assemblies. Findings indicate that in Islamic thought, protest gatherings are not only a right but also a moral and religious duty for the people to oversee governance and realize social justice. Accordingly, an Islamic government is not merely prohibited from obstructing such gatherings; it is obligated to ensure their safety, provide a legal framework, and respond to legitimate demands. Moreover, the jurisprudential stages of this religious obligation offer an internal model for organizing protests, emphasizing respect, rationality, and gradualism in advocacy, which can enhance the legitimacy and effectiveness of assemblies. The article also distinguishes between political and non-political assemblies, emphasizing that only reform-oriented gatherings fall within this jurisprudential framework, while other types of assemblies should be analyzed under the broader principles of freedom of expression. Finally, from an international legal perspective, the article demonstrates that such an approach aligns with the principle of cultural diversity—a principle designed not to restrict, but to enrich and localize human rights (UNESCO, 2001). On this basis, utilizing indigenous institutions such as enjoining good and forbidding wrong can offer a legitimate and stable platform for developing this right within Islamic societies without conflicting with universal principles.

The latest legislative initiative in the realm of decarceration policy is the enactment of the Law on the Reduction of Discretionary Prison Sentences in 2020. The primary objective of this legislation is to adopt a decarceration approach and maximize minimalism concerning prison sentences. This study employs a descriptive-analytical method to examine the foreseeable consequences of the decarceration measures implemented under this law. It appears that, due to the lack of a systematically defined alternative sentencing framework, failure to adhere to the principle of proportionality between crime and punishment, and the absence of necessary infrastructural preparation following the early release of offenders, this approach lacks essential regulatory standards and contradicts the principles of criminal justice. The present research, based on thorough analysis and description, concludes that the effects of formulating such an unregulated and hasty criminal policy include emboldening individuals to commit crimes, the resurgence of private justice, the creation of opportunities for judicial corruption, an increase in recidivism among dangerous and habitual offenders, and evasion of punishment enforcement. Therefore, the law’s objective of decarceration at any cost does not align with prudent legislative practices and diminishes the deterrent effect of criminal sanctions. Consequently, this study offers specific recommendations to the legislature, suggesting that the goal of reducing prison sentences should be pursued within the framework of recognized principles and standards of criminal law.

Engagement in cyberspace, like any other domain, entails responsibilities and duties for individuals, one of which is the civil liability for content production. The present study seeks to examine civil liability for content production in cyberspace based on religious directives, particularly the principle of tasbib (causation). The central question is: What is the civil liability of individuals regarding content production in cyberspace in terms of being a cause (musabbib)? The present analysis demonstrates that civil liability encompasses both the prohibitive aspects, requiring the prevention of wrongdoing (munkarat), and the affirmative aspects, encouraging the promotion of exemplary content production practices. The establishment of civil liability in cyberspace necessitates identifying active and influential individuals, including influencers, and defining their liability in accordance with their roles. Furthermore, the principle of tasbib extends to the actions and decisions of managers and policymakers within the Islamic society concerning content production, holding individuals accountable regardless of their position or status. Consequently, civil liability attributes responsibility to both individuals and managers for any material or moral harm resulting from their role in content production in cyberspace. To actualize civil liability in an Islamic society, the development of specialized jurisprudence for media and the implementation of digital civil liability frameworks are recommended. The methodology of this study is descriptive-analytical, employing a library-based research approach.

This study aims to examine the feasibility of adjustment in construction partnership contracts and analyze the legal barriers and challenges associated with it. The primary focus is on the legal principles governing contracts within the Iranian legal system, its comparison with other legal systems, and offering solutions for improving the laws and regulations in this area. The feasibility of adjusting contractual penalty clauses, particularly in construction partnership contracts, is a significant issue in Iranian law. This article investigates the impact of changes in economic, social, and natural conditions on the possibility of adjusting penalty clauses in such contracts. With reference to Articles 10 and 975 of the Iranian Civil Code, and the role of social customs and public order, analyses are provided that can contribute to balance and justice in contractual relations. Moreover, suggestions are offered for reforming pre-sale building laws and establishing specific conditions for the adjustment of penalty clauses. The research is descriptive-analytical in nature and has been conducted through the analysis of legal documents, judicial cases, and comparative studies. Research data were collected from construction partnership contracts concluded in the metropolitan cities of Tehran, Isfahan, and Mashhad between 2011 and 2024. In addition, interviews were conducted with legal experts and professionals in the construction industry. Findings show that legal principles such as freedom of contract, contractual justice, and force majeure provide a framework for contract adjustment. However, the lack of specific standards in Iranian law and inconsistencies in judicial practice are major obstacles to contract adjustment. To improve the process of contract adjustment in Iran, it is necessary to develop clear regulations and incorporate explicit clauses into construction partnership contracts. These measures can help reduce legal disputes and strengthen trust between contracting parties.