Legal Studies in Digital Age

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 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.

The present study aims to examine the status and legal regulations governing refugees in Iran. Since their arrival, Iraqi and Afghan refugees have not enjoyed a clearly defined legal status recognized under international norms. This reality has necessitated a detailed investigation into their situation within Iran. Utilizing a library-based research method and analysis of official documents, this paper examines refugee-related provisions within the Iranian Constitution, asylum procedures in Iran, the impact of asylum approval on family members of the applicant, the practical approach of the Islamic Republic of Iran towards asylum seekers, and an overview of the specific circumstances of Afghan and Iraqi refugees in Iran. The findings indicate a disparity in the treatment of Iraqi and Afghan refugees. Iraqis, having more economic freedom, often consider Iran as a second home and show strong emotional attachment to it. In contrast, Afghan refugees face economic restrictions and social limitations. Misconduct by Afghan nationals is often amplified in the media, while similar issues concerning Iraqis tend to be concealed. Furthermore, Iraqis in Iran have access to mosques and professional, commercial, and economic organizations—resources that are largely unavailable to Afghan refugees.

Judicial presumption is recognized as one of the tools for proving claims within the Iranian legal system and holds a special position in the process of adjudication. Based on various studies, in some legal disputes, access to conclusive evidence may be extremely difficult or even impossible. Consequently, in order to prevent the violation of individuals’ rights, avoid judicial suspension, and fill this evidentiary gap to establish justice and fairness, the use of judicial presumptions is not only legitimate and authoritative but also essential, as it ensures judicial security. Judicial presumptions, due to their high degree of intelligence and flexibility, as well as their attention to the specific details of each case, allow for a thorough examination and analysis of all available evidence. By utilizing every tool at the judge's disposal for analysis and achieving precise conclusions, these presumptions enable the judge to reach a high level of certainty necessary for issuing a judicial ruling, making reliance upon them highly trustworthy. Relying on verses from the Qur’an, narrations, customary practice, and legal doctrines, it can be concluded that judicial presumptions—if they create sufficient certainty for the judge—may, under valid conditions, be independently used as evidence for proving claims, just like other means of proof. It can even be argued that the level of conviction derived from judicial presumptions is so strong that it transcends the status of mere presumption and becomes actual evidence. Therefore, the role of judicial presumption as evidence in achieving and enhancing judicial justice is undeniable.

Cryptocurrencies, as an emerging phenomenon in the world of finance and technology, have attracted significant attention. These digital currencies operate based on blockchain technology and facilitate financial transactions without the need for traditional intermediaries such as banks. In the Iranian legal system, due to the novelty of the topic, there is no specific and comprehensive legislation to address crimes related to this domain. Nevertheless, some existing laws on combating money laundering and financial crimes can be extended to partially cover cryptocurrencies. The Central Bank of Iran and other financial institutions are currently in the process of formulating regulations to manage and supervise this field. On the other hand, in the common law system, which is implemented in countries such as the United States, Canada, and the United Kingdom, multiple laws have been enacted to confront crimes associated with cryptocurrencies. Institutions such as the Securities and Exchange Commission and the Financial Crimes Enforcement Network under the U.S. Department of the Treasury have developed detailed regulations to monitor and control cryptocurrency transactions. This article examines the differences and similarities in the laws and regulations related to cryptocurrencies in the Iranian and common law legal systems and analyzes the efforts of both systems in addressing the legal challenges associated with this field.