Public Law Researsh

Abstract Dr. Musa Javan was one of the important legal theorists in the history of Iran, who made significant contributions to Iranian legal theories. In his book Foundations of Law, he introduced Western legal theories to Iranian society and tried to theorize an Iranian modern legal theory. Considering such importance, this article examined the significance of Javan’s legal theories and highlighted the necessity of Reviving his legal theoretical legacy. The primary question of this study is: What is the importance of Javan’s legal theories and why should be revived? According to this article, due to the ongoing theoretical crisis in Iranian public law, it is essential to analyze and review the academic views of legal theorists like Javan. Among Iranian theorists, Javan’s legal theoretical legacy holds particular methodological and academic significance. Regardless of its importance, the legal-theoretical contributions of this Iranian thinker have been forgotten, and no one has explored them. This article is theoretical research and has been written using the “Legal Doctrinal Research Method”.

Abstract Introduction

The present study aimed to examine the impact of modern technologies on the concept of the working class by adopting a systemic perspective and focusing on the relationship between technology and certain legal concepts. The central premise of this research is that technology, as a transformative factor, can directly influence social structures and drive changes in fundamental concepts such as labor and the worker. The study tried to introduce key concepts and provide an overview of various types of modern technologies, including AI, machine learning, robotic process automation, virtual reality, and the Internet of Things. The analysis also traced the historical evolution of the working class from the Industrial Revolution to the information and digital age. The study went on to analyze philosophical concepts related to labor and the working class, highlighting how Marxist perspectives and other philosophical theories have shaped the understanding of legal notions of labor. The argument relied on a critical analysis of traditional notions of labor and the role of the worker in society, demonstrating their influence on labor conditions and legislation across different social contexts.

Literature Review

There are a few works dedicated to the role of modern technology in human labor. Notable examples include “The Impact of Information Technology on Improving Human Performance” (Manouchehri & Mohammadi-Zeitouni, 2021) and “The Effect of Production Technology on Production Competitive Capabilities and the Improvement of Business Performance” (Pooya, 2015). However, there appears to be a significant gap in the literature regarding the relationship between modern technology and human labor.

Materials and Methods

The present study relied on a descriptive–analytical methodology grounded in systemic thinking, and the data was collected from library sources.

Results and Discussion

The analysis yielded a new interpretation of the concepts of the worker and labor (or work), highlighting that the impact of modern technologies does not necessarily lead to the exploitation of workers. Drawing on concrete examples from urban contexts in both West and East Germany, the research explored architectural and social differences arising from creativity and freedom, which serve as symbols of technology’s impact on workers’ lives and labor. The findings demonstrated that modern technologies, while often associated with industrial transformation and the emergence of new technological sectors, do not merely exploit nature. Rather, they influence all aspects of human society. By carefully examining architectural structures and their evolution after the reunification of Germany, the current inquiry argues that modern technologies have played a significant role in social assimilation as well as cultural and societal changes. These changes have affected not only workers’ conditions but also the biological and cultural patterns of society more broadly. Moreover, reducing technology to a mere tool risks limiting our understanding of its impact on human life. A comprehensive analysis must consider broader dimensions, including the ways in which governments define and redefine power in relation to technological development. Technology affects not only industry and production but also all dimensions of human life. Consequently, modern technologies cannot be regarded solely as a negative phenomenon

Conclusion

Profound changes brought about by modern technologies in human societies have exposed the shortcomings of traditional approaches to understanding the concepts of the worker and labor. According to the findings, these transformations will not eliminate the labor force but will instead reshape the nature of their labor. From a philosophical and ideological perspective, the analysis suggests that new technologies can contribute to the growth and development of both society and workers. To better understand these changes and develop effective strategies to address them, it is necessary to reconsider traditional concepts and adopt new perspectives, such as systems thinking and quantitative approaches.

Abstract Introduction

The importance of research methodology is already highlighted, as the validity of knowledge depends on aligning the research design and methodology with dominant paradigms. Post-positivism is a contemporary philosophical approach that has developed in response to criticisms of positivism. It plays a significant role in research methodology, influencing both the research process and the output. As a theoretical legal inquiry, the present research employed a descriptive–analytical method to examine the applicability of post-positivism in research on public law. The research question is as follows: Can post-positivism be applied as a research approach in public law?

Literature Review

There is a lack of Persian-language publications on post-positivism as a research approach in public law. However, there are a few studies in the broader field of research. For example, the article “The Turn Towards Post-Positivism” (Tayeb, 2002) discusses post-positivism from the perspective of social sciences, addressing its challenges as well as the reactions it has generated. In “Introducing a New Framework for Epistemology of Future Studies,” Chaparak et al. (2019) explored positivism in the context of social sciences and examined future directions in epistemology. Its relevance to the present study lies in its forward-looking approach and the consideration of emerging developments in the field of knowledge. Moreover, Eftekhari’s “Positivist Methodology in Security Studies” (2003) addressed the criticisms of positivism and offered a detailed discussion of its classifications, which is fundamentally significant for the concern of the present research. As reflected in the existing literature, the current article presents a new perspective within Persian-speaking academia, as no prior research has addressed post-positivism in the context of public law.

Materials and Methods

As a theoretical legal study, this research employed a descriptive–analytical method to examine the applicability of post-positivism in research on public law.

Results and Discussion

The post-positivist approach enables researchers to move beyond linear thinking and embrace epistemological diversity as a core scientific principle. It also emphasizes the importance of interpretation and the practical application of theories. Research within the post-positivist paradigm can be both quantitative and qualitative. The qualitative post-positivist research aims to describe ongoing processes or the prevailing values within a society. Moreover, this type of research is to predict the reproduction of actions in individual interactions by examining temporal, cultural, or spatial conditions. As a developing discipline, public law critically needs to engage with issues at both foundational and philosophical levels. Without a thorough examination of its intellectual and methodological underpinnings, drawing reliable conclusions in empirical matters remains unlikely. Acknowledging this need, the current research aimed to explore the pre-methodological nature of inquiry and, in turn, assess the potential of post-positivism as a viable research approach in public law. Intellectual and philosophical schools of thought serve as research paradigms that shape a structured path toward scientific understanding. This is particularly important in the humanities for two key reasons. First, not all forms of knowledge possess scientific validity; only those examined through the lens of philosophical schools—where the researcher clearly situates themselves within a specific research paradigm—can be considered scientifically sound. Second, we are living in an era where many concepts in academic community lack rigorous scientific substance and often fall within the realm of semi-valid or even pseudo-science. Approaching public law through the perspective of philosophical schools offers a valuable criterion for distinguishing genuine scientific inquiry from pseudo-science. At the theoretical level, post-positivism emerges as a response to the criticisms directed at positivism. Proponents of post-positivist seek to develop an approach that not only addresses these critiques but also aligns with the real complexities of the contemporary world. As a research paradigm, post-positivism contributes to methodological discourse by making research methods more structured and meaningful.

Conclusion

According to the findings, post-positivism has applicability as a research approach in public law. Viewing public law through the lens of post-positivism allows localized and experiential perspectives on legal concepts to be accepted as fundamental principles. Furthermore, post-positivist framework enables public law scholars to rely on descriptive and historical research methods—as a means of contextual understanding—rather than solely on statistical techniques. In summary, post-positivism equips public law researchers to adapt to evolving circumstances and encourages them to move beyond an insular approach to concepts and realities.

Abstract Introduction The constitution, as the supreme law of a nation, ensures the rule of law and citizens’ rights, protects human rights, and reduces the likelihood of arbitrary government actions. The establishment of the constitution is commonly considered the most effective means of upholding constitutional values and protecting the individual’s fundamental rights. However, the absence of a written document of the constitution does not necessarily imply the absence of the rule of law or of the guarantee of human rights or even of control over government actions. Nor does it conclusively indicate the full implementation of constitutional principles and values in societies governed by a written constitution. Therefore, the concept of constitutional law and the associated principles extend beyond written documents. It is now recognized that the written constitution is not the sole authoritative source of constitutional norms. Yet going beyond legal formalism and embracing the institution of the unwritten constitution requires careful examination of its foundations and functions. Simply incorporating this concept without critical reflection on its origin and functions risks incomplete understanding. The contemporary conception of the constitution is imbued with its unwritten norms, so overlooking this aspect of any legal system results in a flawed understanding of the constitution. However, introducing ideas and concepts into the national legal system requires a thorough understanding of their origins and foundations, as well as the consideration of the feasibility of aligning domestic institutions with new concepts. Otherwise, newly introduced concepts may create a patchwork in political and legal structures, thus adversely affecting society and causing significant harm. To attain a precise understanding and prevent potential abuses, emerging concepts in public law, such as the unwritten constitution, must be rigorously analyzed and explored with an eye to their origin. Upon closer analysis, it becomes clear that the concept of unwritten constitution is not boundless, but rather operates within a specific framework and scope. Failing to grasp the foundations of this concept and inadequately explaining it can lead to increased reliance on discretionary opinions, thus causing ambiguity over the nature of practices, procedures, and rules within the constitutional law system. Consequently, certain political practices or actions may erroneously be considered part of the constitution— albeit in an unwritten form—and subsequently legitimized by being foregrounded in the political arena. Concerning the unwritten constitution, there are some scholarly efforts to clarify and dispel ambiguity surrounding this concept, yet it remains relatively unexplored in the Iranian context. There is thus a need to examine the foundations of legitimacy of the unwritten constitution, and distinguish it from merely political and ephemeral principles, rules, and procedures. In this respect, the present study tried to gain a deeper understanding of the unwritten constitution as a legal institution, shedding light on its most significant foundations through description and analysis. It aimed to address the following research question: What is the origin and source of legitimacy of the principles, regulations, and norms that do not derive their authority from the text of the constitution but nonetheless underpin the rights and freedoms enshrined in the text? Materials and Methods As a descriptive–analytical inquiry, the present study used a library research method and note-taking to collect the data from different sources in order to examine the foundations of legitimacy of the unwritten constitution. Results and Discussion The research highlighted the necessity of a comprehensive understanding of the unwritten constitution, as a relatively nascent concept within Iran’s constitutional law system. Such an understanding would necessitate the examination of foundations of constitutional legitimacy and their analysis beyond the confines of the national constitutional framework. The approach or methodology employed in identifying the nature of the constitution plays a crucial role in narrowing down or broadening its scope and substance. For example, the formalist approach would focus on the structure and contents as delineated in the codified document, with the constitution being perceived as synonymous with its official, written provisions. The approach towards constitutional legitimacy can significantly influence both interpretation and implementation of the constitution. Therefore, adopting an extratextual approach and embracing the overarching concept of the constitution beyond its textual confines can open pathways to a broader scope of individual and public rights and freedoms. Consider, for instance, the reason-based legitimacy approach, which rests upon the justice or efficacy of constitutional provisions. This approach bridges the divide between constitutional theory and practice, bolstering the legitimacy of unwritten principles and values. From this perspective, the constitution derives its validity and legitimacy not from its form nor the procedure of ratification, but rather from its substantive content and valuable objectives. Consequently, the legitimacy of the unwritten constitution rests upon the same fundamental principles and substance codified in the written constitution. Across all legal systems, it is inevitable to acknowledge the presence of an additional layer of the unwritten law alongside the written one. Unwritten principles exert influence on the implementation of written regulations, thereby limiting or broadening their scope. In this context, it becomes crucial to delve into the foundational reasons underpinning the binding nature of the unwritten constitution. The binding nature is rooted in the substantive realization of the rule of law, reliance on the requirements of natural and human rights, as well as the roles of key judicial bodies and the public in acknowledging and endorsing true principles and values of the constitution. This can delineate the boundaries of the unwritten constitution. Conclusion It is thus necessary to take heed of the concept of the unwritten constitution and its status within any legal system. The failure to provide a proper explanation of this concept can lead to increased discretionary opinions and decisions, thus causing ambiguity over the nature of practices, procedures, and rules within the constitutional law system. There is a risk that certain practices or official statements, when foregrounded in the political arena, might erroneously be perceived as integral components of the unwritten constitution, thereby gaining undue prominence.  

Abstract Introduction

Hegel is a philosopher who studies the concept of the state with his multifaceted philosophy and his special methodology. On one hand, he criticizes the views of different schools of thought about this concept and believes that the government is not a mechanism to maintain peace, enforce rights, or promote benefits beyond its own existence, and only in this capacity can it be recognized by everyone as a right. On the other hand, in his theory, the divine and intrinsically purposive government is trying to incorporate all the desirable features of these schools, despite all these criticisms. notwithstanding this paradox, this research, whose sources have been collected through the library research method and descriptive-analytical study, aims to prove the hypothesis that the Hegelian state emerges from within the traditional liberal and democratic state-building philosophies in a special and distinct way. It is trying to answer the question “What are the characteristics of the ideal state in Hegel's view, In a practical look at the political philosophy of the state?”, The results show, while proving the hypothesis; that contrary to the extreme collectivism of Rousseau and the abstract individualism of Lockean liberalism, Hegel's state is ‘a reasonable and inevitable institution of society that everyone must recognize its by force and accept its obedience’.

Research Question(s)

What are the characteristics of the ideal state in Hegel's view?

Literature Review

Several research papers have been published Related to the subject of the research, including; Zahra Vashqani Farahani's thesis titled: "State Theory in Hegel's Political Philosophy" published by the Faculty of Literature and Humanities of the Islamic Azad University (Central Tehran Branch), as well as an article titled "The Importance of Hegelian Separation, State and Civil Society" written by Azim Rahin, Prepared and published in No. (1.2) of Social Sciences Quarterly. However, the distinct feature of this research is the examination of Hegel's paradigmatic view of the government, which is in many ways against or in favor of democracy and liberalism.

Methodology

Considering that research in most humanities disciplines is mainly focused on theoretical solutions, the present study has used a library research method to collect the desired data and examines the data with a descriptive-analytical method.

Conclusion

Hegel's philosophy, methodology, and valuable critiques present an outlook that thinks about modernity, instead of being oriented towards the Enlightenment era of his time. Because, basically, from Hegel's point of view, modernity is a bridge in the evolution of the soul towards freedom, and in this way, the self-awareness of the soul is the most important characteristic of the new era. In summary, for the purposes of this research and its main question, what is certain is that Hegel rejects the political theory of social contract that philosophers such as Locke and Rousseau established and views them as inefficient abstract concepts and, by rejecting the abstract idealism of "Reason" and the empiricism of "History" as an independent and durable ground for authority, established a dialectical relationship between reason and history and thereby resolved some of the contradictions raised in the state's founding phase. He also, based the political right on having an independent nature from the state and supports the concept of political right where it maintains its idealistic aspect, but is based on a certain historical era. On the other hand, even though Hegel criticizes the extreme collectivism of Rousseau and the abstract individualism of Lockean liberalism, his divine and intrinsically purposive government tries to incorporate all the desirable features of these schools and support them. Hegel's goal was to achieve the desired political power system for Germany, and so in this way, he presented his government specially and distinctly from the democratic and liberal state-building philosophies of his time.
But what are the characteristics of Hegel's ideal government? The key to understanding this question lies in the ideal concept of political right in Hegel's belief and his opinion about the inherent rationality of the state. From Hegel's point of view, the state is the manifestation of realized freedom and the perfect ethical life. Therefore, the state is an ethical soul that emerges in the form of an essential will by becoming more transparent and definite. Therefore, the state is nothing but "the action of the spirit in the world" realized in a self-conscious form. But since the soul in Hegel's philosophy has an absolute, and even divine essence, according to Hegel's definition, the state is God's will in the world. Such a government is not a responsible or parliamentary government, and this was at a time when the belief in a responsible government was considered the most important feature of 19^th-century liberalism. Overall, by studying the philosophy of rights that Hegel talks about, it cannot be said that he does not explicitly accept responsible government, nor can it be said that he explicitly rejected such a government. 

Abstract The constitution should be a symbol of flexibility in the face of social challenges. In most constitutions, it is possible to amend the constitution through a formal revision. The difficulty of the formal reform process has led constitutionalist democracies to believe that a formal revision of the constitution cannot be the only way to achieve the desired goal of meeting the constitution with the needs of society, parties, and people on the constitution in the constitutional law. In this respect, two approaches of originality and dynamism are noteworthy. The controversy between the originalists and the dynamic constitution suggests that in addition to the formal method, constitutions can be reviewed and changed informally. In this article, the concept and principles of the dynamic constitution as a new theory, survey the limits of living constitution interaction in the face of the originalist constitution, the relationship between the living constitution and the legitimacy of the political system, and its confrontation with the rule of law are examined. The main goal of this article is to provide the basis for further research and localization of the present theory by examining the dimensions and challenges of the forthcoming issue to address the shortcomings of the Iranian constitution in the face of the current challenges of the constitution.