Document Type : Original Article
Authors
1
Department of Public Law, Faculty of Islamic Governance, Is.c., Islamic Azad University, Isfahan, Iran.
2
Department of Public and International Law, Faculty of Islamic Governance, Is.c., Islamic Azad University, Isfahan, Iran
3
Department of Public and International Law, Faculty of Islamic Governance, Is.c., Islamic Azad University, Isfahan, Iran.
10.22034/jhsrj.2025.2066803.1027
Abstract
Background and Aim: In the 18th century value-based framework, where the concept of right was considered an abstract concept and respect for individual rights and freedoms was a priority, the utilitarian theory was proposed by welcoming the method of empirical observation in legal analysis and strongly opposed the concept of natural right. In this regard, the aim of the present study is to explain a critical approach to the impact of the utilitarian interpretation of the concept of right on human rights.
Materials and Method: This research is theoretical and has been compiled using a descriptive-analytical method.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Findings: Utilitarianism considers a realistic dimension to rights and considers rights to be a guarantee of the benefit of the holder, which is expressed, protected, and guaranteed by law. Also, the benefit considered by utilitarianism is a collective benefit; as a result, it considers the priority of rights that have a social function.
Conclusion: To resolve the conflict between individual rights and freedoms on the one hand and public interests or public morality on the other, given the need to establish a balance between individual rights and collective interests, as well as public morality, the solution or idea of balance must be applied. Regarding the conflict in the simultaneous implementation of individual rights and freedoms, all the proposed solutions are relative. Therefore, the most important criterion in resolving conflicts is to pay attention to the circumstances of each case and not consider any of the solutions as a definitive and permanent answer.
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