عنوان مقاله [English]
It has not been long since the term, Esprit of the Law, and similar terms (Religious Law Palate, Religious Law Objectives, General Principles of Law, etc.) have been used significantly in Literature of Law. Expressing or discovering the principles of the Esprit of the Law and investigating its authority in the Statute book will lead to solving many issues. In other words, in countries with the Statute book, in spite of the Legislator’s efforts to predict most of the issues and applying provisions of the law and building their legislation logic based on a sophisticated look with subtle estimates, we still encounter silence, brevity and conflict in the legal texts in many cases and we as a juristic in the authority of discovering legislative will and favorable judgment, are faced with a knowledge dilemma and pray for an arena like the Esprit of the Law to find refuge and flee from the difficulties of lawlessness may become essential. In the meantime, sometimes the spirit of the whole law and Sometimes the spirit of each one articles of law can help to get rid of the knowledge dilemma and by using the spirit of the law can be declared more accurate interpretation of the law and this tool will guide the legislator in the legislation and can be effective to create judicial procedures.