نوع مقاله : مقاله پژوهشی
عنوان مقاله [English]
Basically from a common perspective, jurisprudence expresses the provisions of the act of a responsible agent. From one point of view, the subjects of jurisprudential provisions can be divided into two categories: the act of a responsible agent and the issues related to the act of a responsible agent. The topic of media jurisprudence includes both. A responsible agent can be an individual, a community, or even the state (government). In media jurisprudence, a responsible agent is used in the sense of all the three mentioned above. Jurisprudence deals with three types of social issues and sets controlling regulations for them. These three types are: social issues in terms of nature, social issues in terms of potential impact, and social issues in terms of actual impact.The media belong to type three. In fact, whether we get close to it or not, it leaves its impact on us. Of course, the media encompasses all the three categories mentioned above since there are provisions that apply to it in terms of nature, there are potential effects in it that may prepare the ground for some jurisprudential provisions, and there are active effects in it too. The media are the greatest social issue in jurisprudence in the sense of an umbrella term that covers all social issues from religion, culture and art to economic, social, political and environmental factors. It may be correct to say that the media, without our permission or will and regardless of our getting close or not, leave a major impact on society. Therefore, it would not be possible to approach the problem of the media with a religious fatwa that stipulates not to approach it in the first place. Staying away from the media is futile since, on the one hand, we have no choice but to face it after all and, on the other hand, the media play a major role in weakening or strengthening religious beliefs and it is not possible to ignore its impact on religion. The humanness, prevalence, and inevitable impact of the media, its role in weakening or strengthening religious faith, and its impact on individuals and society are all the reasons why there is the need to interact with the media. Having said this, there are different approaches to the media such as the oversimplification of the media, prohibiting and avoiding the media, and the apocalyptic theory. Our attitude toward religion, the impact of the media on society, and these different approaches compels us to look at it from a jurisprudential perspective in order to determine our relation with the media. That is what forms a literature of “media jurisprudence”. For such an analysis, it is necessary to go through four stages: 1.typology; 2. religious and rhetorical theorization of the media; 3. jurisprudential theorization of the media legal theory; and, 4. Jurisprudential provisions.