Document Type : Research Paper
Authors
1 PhD student in public law, Shahid Beheshti University
2 Associate Professor, Public Law, University of Tehran, Farabi Campus, Faculty of Law
3 Associate Professor, Public International Law, Shahid Beheshti University, Tehran, Iran
Abstract
The link between Laughlin and Oakeshott starts from the native, non-normative and pragmatic view of the constitution. Laughlin considers Oakeshott as the most important representative of the conservatism school and examines what features Oakeshott's thoughts, which in his opinion is a systematic theory of human conduct and politics, and what kind of conservatism he portrays. Laughlin highlights Oakeshott's criticisms of rationalism and his emphasis on practical or traditional knowledge, and borrows from his thought on politics as a tradition of conduct. What is emphasized in this article is Laughlin's attention to Oakeshott's special reading of the concept of tradition and practice, which the authors think is the same reading that inspired Laughlin's theory of "public law as practice". Therefore, according to the perception of Oakeshott's thought, Laughlin considers public law as a native system and a tradition that is indicative of the specific culture of a society and a political system. Accordingly, Laughlin's emphasis on the practices of governance and the gradual adaptation process of public law arrangements in accordance with changes in social and political conditions, without being affected by norms, is strongly reminiscent of Oakeshott's emphasis on politics as a practice of conduct.
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