نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
In this research, it is claimed that the function of modern public law is to create a constitutional legal order in modern society. A society that is pluralistic in values, technically complex and socially discursive; The second is the locus of conflicts and contradictions; Third, these conflicts and contradictions are not unnecessary and temporary, but necessary and permanent, and they always manifest themselves in the form of sacred and secular, general and special, public and private, individual and society, absolute and relative, reason and experience, and finally is and out. Public law should establish and regulate the legal order by maintaining the balance between these conflicts and contradictions. With this attitude, the question was raised that how can public law, while maintaining its function, truly represent the society with all its richness and diversity? Any effort, if it is essentialist, substantive and therefore one-sided, will cause the failure of the constitutional order. Therefore, to answer this question, based on the ideas of Ernest Cassirer and within the framework of his philosophy of symbolic forms, we proposed the idea of public law as a symbolic form. This idea, by changing the naturalistic and essential attitude of Aristotle and adopting a relational and functional approach provides the possibility of a broader prespective of human beings as well as the expansion of human's perspective of himself and the cultural process involved in it; both in the here and now and also in the future. The present research method is descriptive and argumentative.
کلیدواژهها English