Seminar on “Law and Reality” at Beirut Arab University

20 November 2017

The Faculty of Law and Political Science at Beirut Arab University organised a seminar entitled “Law and Reality” presented by Professor Judge Sami Mansour, Honorary President of the Court of Cassation and Professor at Beirut Arab University, Lebanese University and the Islamic University of Lebanon, and Professor Mohamed Said Abdel Rahman, Professor and Head of the Department of Civil Procedure Law at BAU Faculty.
Professor judge Mansour made clear the distinction between “Reality” and its types and between “Reality”, law and facts, reflecting on  subjective and objective facts. Judge Mansour presented realistic situations from the Lebanese Judiciary and showed how fairness, being one of the backup sources of the legal rule, can be given priority to the concept of legal justice as defined in the general and abstract texts based on Article 4 of the Lebanese Code of Civil Procedure.
Professor Abdul Rahman addressed the Law of Pleadings and the Code of Civil Procedure. He presented the concept of legal centres and the actual illegal ones, saying that the solution adopted for the latter concept is embodied in the “Theory of the Apparent Situation” showing its content, conditions and applications according to the Law of Pleadings and its procedural and substantive legal effects.
Professor Abdul Rahman presented this theory through a philosophical dimension, showing how the Theory of the Apparent Situation can constitute a legal centre based on the real centres arising from the cases applied before the courts.
After several interventions by the judges and lawyers Professor Mohammad Kassem, Dean of the Faculty of Law and Political Science at BAU , concluded the seminar, explaining that reality must be elevated to the level of law, and despite everything, law remains the main source of the legal rule.

 



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