The Foundations of the Sanctions of the Violation of Competition Law Based on Jurisprudential Discourse as Social Capital

Document Type : Research/Original/Regular

Authors

1 Associate Professor, Faculty of Law, College of Farabi, University of Tehran, Qom, Iran

2 PhD Student , Kharazmi University, Tehran, Iran

Abstract

Due to the conflict of interests, the intensified imbuement of the human interrelationships with avarice, and the constant struggle for the attainment of more benefits, the creation of an appropriate and effective sanction has been taken into account in all legal systems. Consequently, this point has been deemed as one of the important indicators in setting rules and regulations within the business activities, too. The more this sanction agrees with the active forces of the social arena, the cultural norms, and especially the jurisprudential rules acknowledged by the majority of the society, the more the legal rules and regulations related to these norms will be taken into account (due to their intermingling of the two elements of legitimacy and popularity) as social capital and as a reliable point that will bring about businesspersons’ trust. On the contrary, when these factors lead to conflicting behaviors, they will result in the reduction of trust in governmental rules and regulation, behavioral conflicts among market actors, disinterest in regulations, violation of law, and finally the breakup of economic and business relations; moreover, intense conflict will occur between the legal system and the social behaviors that will lead to the reduction or loss of the social capital that is related to the rules. In fact, the foundation of the rules of the society on Islamic jurisprudence and the explication of legal verdicts in the light of jurisprudential bases in the Islamic society is a valuable social capital that should not be ignored by the governmental officials. The goal-oriented view to legal verdicts in the Islamic government and the analysis of the legal regulations based on the human dignity and human rights as emphasized by Islamic jurisprudence have their roots in the specific methodology of Islamic jurisprudence and help with the explanation and rereading of the Islamic law. The adoption of this view to the Competition Law and the anti-competition practices increases the legitimacy and popularity of legal rules.

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Main Subjects

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Social Capital Management
Volume 7, Issue 4
January 2021
Pages 457-486

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