الأفاق للدراسات الإقتصادية
Volume 10, Numéro 1, Pages 124-139
2025-10-01

The Shortcomings Of The Legal Methodology In The Analysis Of Economic Public Law: With An Emphasis On Policies Of The Capitalist Economic System

Authors : Sadeghi Mohammad .

Abstract

Abstract One of the challenging issues of economic public laws is the analysis of economic public policies of the government. In analyzing these policies, sometimes, the legal methodology approach emphasizes analyzing and criticism of economic policies on the legal intertextual study (form-oriented approach of law analysis). This type of legal methodology, often "criticizes the public economic policies in terms of compliance with the law, content criticism, form and argumentative criticism. As a result, the question is raised of whether legal analysis methodology should blend the nature and objectives of the schools, system, and economic regime with economic methodology. By analyzing the legal methodology and the nature of the available approaches in the capitalist economic system (free economy and competitive economy) this study, besides providing an image of the system and its economic public law policies, proposes a homogeneous methodology with efficiency and effectiveness. Keywords: Economic Public Laws, Economic Public Policies of the Governments, Free Economy and Competitive Economy, Legal Methodology

Keywords

Economic Public Laws, Economic Public Policies of the Governments, Free Economy and Competitive Economy, Legal Methodology