Ghazaleh Faridzadeh

Ghazaleh Faridzadeh is currently Assistant Professor of Public Law and Legal Philosophy at the Family Institute of the Shahid Beheshti University in Tehran. Prior to that, she was a Senior Research Fellow at the Max-Planck-Foundation for International Peace and the Rule of Law in Heidelberg. She obtained her doctoral degree in “Public Law and Fundamentals of Law” at the Humboldt University of Berlin. Her dissertation was graded with “summa cum laude” and awarded as the best dissertation of the year 2014 by the Law Faculty of the Humboldt University. Her main research interests concern aspects of legal philosophy, legal history, law and language and comparative constitutional law.

Designation: Shahid Beheshti University, Family Institute
Institution: Shahid Beheshti University, Family Institute
Paper: The Development of Legal Language and Legal Concepts within the Constitutional Experience of Islamic Countries: Iran-Turkey-Egypt in Comparison
Abstract: "The developmental history of most Islamic countries in the 19th century is marked by the implementation of innumerable modernization measures. The eager attempt to translate foreign ideas into the Islamic context by means of applying the already existing old expressions brought about a crisis situation which led to the evaluation of a field of discourse over modernity. One could compare this era with R. Koselleck’s saddle time, during which language changed into the language of modernity. Up to the 19th century the legal language of most Islamic countries essentially contained a registry of experiences. When the speakers used a legal concept, experiences of this concept were linguistically stored in it. But since the 19th century onward new central concepts were introduced which started to describe a future that had never before existed. Instead of referring to past experiences, these new concepts sought to influence political activities in form of new experiences before their occurrences. They gained an experience-founding quality and can therefore be called as mere concepts of expectations (Koselleck,2006,10). To obtain a better understanding of the current competitive struggles developed over the proper interpretation of some basic concepts, the paper seeks to explain the modifications of the legal language within the constitutional experience of three Islamic countries (Iran-Turkey-Egypt) by reference to Koselleck’s “space of experience” and the “horizon of expectation”.