Document Type : Research Paper

Authors

• Ayat Mulaee ¹
• Nusratullah Nabeel Rahimi ²

¹ , assistance prof, Department of Law and Social Sciences, University of Tabriz

² Ph.D. Student, Public Law, University of Tabriz, Tabriz, Iran

Abstract

Post-positivism is a contemporary philosophical idea and has emerged with the influence of the criticisms of positivism. This concept is a part of the research methodology. The question is this: Does post-positivism have the potential to propose a research approach in public law? This article is fundamental research, and the descriptive-analytical method has also been used for data analysis. Based on the findings of this article, First; most legal research does not take the research methodology seriously however, the validity of knowledge requires researchers to define the ruling paradigms of the research. If the researcher does not pay attention to this issue, the research output will not have scientific validity. Secondly; every knowledge cannot be considered as scientific knowledge. Correct scientific knowledge is subject to philosophical paradigms, which if not paid attention to, the output of the research will not have scientific validity. Thirdly; Post-positivism as a research approach can be extended to the knowledge of public law. Fourthly; this way of thinking enables public law researchers to adhere to descriptive and historical research methods (as contextual knowledge) in addition to using statistical techniques.

Keywords

• “Methodology”
• “Research Methods”
• “Positivism and Post-Positivism”
• “Philosophy of law
• ” “Public Law.”

Main Subjects

• Public Law