An introduction to the introduction to the science of law: the relationship between public law and private law in light of the position and role of the state in relation to them: law as a tool or source of power?

Abbasi Sarmadi, Mehdi

An introduction to the introduction to the science of law: the relationship between public law and private law in light of the position and role of the state in relation to them: law as a tool or source of power?

Document Type : Original Article

Author

Mehdi Abbasi sarmadi

Department of international Law, Faculty of Law and Political Science, Kharazmi university

Abstract

Abstract
The present research which in terms of typology or the kind of research, is included in the category of basic-applied research. In fact, this work targets the "foundation of the science of law" and in this regard, it raises doubts on persistent legal thought of our country as” thesis” or “exsistence” and seeks to present an “anti-thesis” or” counter-exsistence” for arriving to a” synthesis” or “combinisation” being able to realizing, in practice, a basic change in the foundation of the science of law.
Discussing the relationship between law and the state into the concept taken namely the government or the three powers of legislature, judiciary and executive, it raises the issue of methodology and methods.
We believe that the systemic examination of phenomena includes the discovery of facts that have been neglected or marginalized for any reason. Therefore, in this study, in the light of the "system theory of hierarchy", we seek to find the relationship between the two major branches of the science 0f law. In this regard, we apply the comparative research method focusing on the position and role of the state in relation to them. Finally - and among others - we will reveal the different and overlooked but inevitable achievement of the relationship between law and power.

Keywords

Hierarchy

private law

public law

government

power