Public Order in legal, jurisprudential and Sociological Approach

There are prevailing Rules and Values in each society that formed Social Institution including social and legal institution, actually these values appears public interest in social relationships. From long time ago jurists try to defend these rules and values with derivation a mechanism from its. Values that social consolidation and establishment depend on it and makes public order. Jurists in dealing with legal rules and institutions distinguish the public order and make it a criterion for restriction of Individualistic free will to protecting of public rules and social interests. Despite these efforts, jurists could not come into accordance on the meaning and substance of public order. Because understanding of public orders natural foundation is too complicated. In this article, based upon some theoretical and sociological analysis, we try to present a different percept on public order. it is notably As results that despite some current concept, public order is not a principle and it's not a legal term, haply it is a social Idea that generated by society. So the public order is one of core features of social life. Then indispensability of its protection and consideration is one of advisor given rules for each legal system that legislators always use in order to in legislation and magistrates with their interpretations, provides legislators goals to maintaining social order.