نوع مقاله : علمی پژوهشی
استاد دانشکده حقوق دانشگاه شهید بهشتی
عنوان مقاله [English]
Legal methodology is formal and has nothing to do with the substance. Legal methodology devotes as much to the practical methods implemented in the legislative assemblies as to those specific to administrative authorities. It devotes itself to all that is useful to the solution of legal problems. So, it pays no attention to problems and solutions; but focuses on ways to identify problems and to find solutions. Never more than this time of complex, ephemeral and often contradictory overregulation, of technical and social upheavals arising out of interpretation of various legal systems, national and international, the identification and the application of the methods of law appear to be so essential. They are indispensable to the determination and resolution of disputes, to the arguments of the parties to the trial, to the negotiation and the conclusion of contracts by the practitioners. Even more, in international law there has been some legislative inflation: more and more social areas are governed by the law, more and more rules are issued, judgments, commentaries and scientific studies are multiplying.
Ihering, Portalis, Geny, Demogue were the great precursors of legal methodology: recent works by Castberg, Bergel, Maarten, Bos, Corten, testify to the development of this particular discipline. In our country, Iran, this branch of legal research is not sufficiently studied. It seems to us that the work of Prof. Hedayatollah Falsafi, written in seven chapters has to some extent filled this gap.
In this article we will try to briefly analyze this work.