Jafari Langroudi's Method of “lemental Analysis of Transactions”versus “ormal Logic”and Method of “onformity of Name”and “lements and Conditions”

Shahnoosh, Mohammad; Mohamadgholiha, Fatemeh

doi:10.22106/jlj.2024.2018701.5646

Jafari Langroudi's Method of “lemental Analysis of Transactions”versus “ormal Logic”and Method of “onformity of Name”and “lements and Conditions”

Document Type : Methodologies

Authors

mohammad Shahnoosh ¹

Fatemeh Mohamadgholiha ²

¹ Assistant Professor, Department of Islamic Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

² Doctoral student of Higher Institute of Education, Research, Management and Planning

10.22106/jlj.2024.2018701.5646

Abstract

Undoubtedly, in every science problems are investigated based on a special method. The method is one of the most important elements of any research and the results of research depend on the method used in it. From a methodological point of view, we can find the strengths and weaknesses of any research. The present research tries to evaluate the common jurisprudential-legal methods in examining legal essences in the field of transactions by analytical-descriptive method. Also, while stating the advantages and disadvantages of the current methods, the element counting method of Professor Jafari Langroudi is explained. Relying on custom and originality of action, criticizing formal logic and methods based on the description of words, as well as avoiding the use of controversial titles such as condition, element and cause, he introduces his own method of reasoning. It seems that the theory of elementology can be helpful in determining the nature of some contracts and distinguishing them from other types of contracts.

Keywords

methodology

custom

formal logic

conformity of name

elements and conditions

elementology

Subjects