آرمان گرایی

The economic analysis of law is a new product of the link between law and economics, according to which legal rules are evaluated by economic methods. The historical study of the formation of this method of analysis shows that changing the attitude of lawyers and economists from idealism to realism and, consequently, changing their way of studying from formalism in the nineteenth century into realism leads to the creation of this method. The main question of the present research is whether this realistic approach can be adapted to the principles and legal rules of Iran. This question arises from the fact that Iran's law in accordance with Articles Fourth and One hundred and sixty-seven of the Constitution, based on Islamic law and Shi'i jurisprudence and due to the dominance of the rules of jurisprudence over it, is Compliant with idealism, not realism. Accordingly, the purpose of this research is to establish that the basis of the theory of economic analysis of the law is compatible with the jurisprudential foundations of Iranian law or not. The result of the research shows that economic analysis of law is not subject to purely realist thinking, and some of its types are based on idealism. Moreover, Iran's law is not purely idealistic, and some religious sources are realistic. Therefore, using the economic analysis of law to analyze the sources and rules of Iran's law is possible. However, the use of economic methods cannot be applied uniformly in all areas of law. In the economic fields of law, the use of economic analysis is both to determine efficiency and to determine the purpose of legal rules and institutions, but in non-economic fields, the application of economics is limited to efficiency

"Globalization" as a new concept has affected various fields of human sciences in recent decades. Among such domains, there is the field of "law" that has been influenced by this concept. In this regard, present paper, has discussed the subject of the “globalization of law” and has expressed different views on this phrase. The most common views and impressions of this concept are categorized and cited by using the research method descriptive - analytic, therefore. This research shows to what extent was the conception of globalization of law captured by schools or ideological conceptions and to what extent have previous evaluations been effective in understanding the emerging concept of globalization of law; that how the pluralism has been taken against the cosmopolitan of law; or how the conception of idealism is against legal realism. As a result, the agreement on this phrase remains at the "concept" level and there is a possibility of consensus with a refusal at the step of "conception".

Noel. James Coulson, the famous Orientalist, is the author of the paper" Idealism and Realism in Islamic Jurisprudence". In this paper, he tries to prove that Islamic jurisprudence has a completely ideal nature but over the consecutive centuries, Islamic governments have gradually and inevitably taken a pragmatic and realist approach. Coulsen's views can be analyzed and examined in seven areas: 1. Pragmatism and realism in the conduct of jurists 2. Ages of idealism and pragmatism 3. Disagreement between idealism and social realities 4. Evidence of jurists' idealism in criminal claims. 5. Evidence of idealism in the system of religious courts 6. Disagreement between idealism and expediency 7. Disagreement between idealism and jurisprudential practice. In all of these areas, he has focused on idealism and an abstract view in confrontation with pragmatism, expediency, and realism in Islamic jurisprudence. Our analysis of the resources and content of Islamic jurisprudence indicates that Coulsen does not have a comprehensive understanding of Sharia and how it is accomplished.