Document Type : Research Paper

Authors

1 Doctoral student of Public Law, Shiraz University,Shiraz, ,Iran

2 Professor of Public and International Law Department, Faculty of Law and Political Sciences, Shiraz University,Shiraz , Iran

Abstract

A concrete approach to concepts is one of the main features of Hegel's philosophy. In Hegel's view, the concrete concept has precedence over its subjects, and what is objective is the realized idea or concept, while the abstract concept is formed through mental representation and abstraction operations in relation to the researcher's affairs, and takes its content as a priori. The concept of the constitution in Hegel's intellectual system is defined as the basic principles of the last stage of the evolution of the soul in history, that is, the state. According to Hegel, any kind of abstract and a priori definition of the constitution is one-sided and devoid of truth and presents the constitution as an unstable and random existence. Therefore, the concept of the constitution should be deduced from the text of the phenomenology of the soul. Hegel's concrete approach to the concept of the constitution departs from its conventional understanding in the constitution and has important effects; Among other things, the constitution, like the soul of the nation, is not a fake and artificial thing, and the question of who drafted the constitution is meaningless, and imposing the constitution on a nation is also rejected.

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