An Introduction to Theory of State; Distinction Between Moral and Legal Approaches

Nowadays, it is generally accepted that states are at the central of national and international political role and we are inevitable discourse about state when dealing with days issues. State, as the prime theme of political philosophy, has long attracted the attention of political philosophers. A review of the literature on political philosophy shows two approaches to the state: moral approach and legal approach . Happiness and virtue in the moral approach and right in the legal approach are considered as the central concepts. This study aimed to critically examine the shortcomings of the both approaches. The most important critique of the moral approach is that the formation of an autocratic and totalitarian regime to fulfill individuals’ happiness in a society seems likely. In contrast, atomization and disintegration of people in society, the lack of attention to the common good, as well as the universalization of liberal values are the major critiques posed against the legal approach. As a result, this article reveals the relationship between philosophical anthropology and the theory of state throughout the history of political philosophy. Before presenting a theory on happiness or rights, we must propose a theory on human and his nature, upon which the fundamental concepts such as good and right should then be constructed.

کلیدواژه ها:

Moral approach ، legal approach ، philosophical anthropology ، happiness.