A legal look at the reduction of the specificity of the state in the postmodern era with the separation of "public-private" as an element of fundamental thinking.

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Mohammad  Mirzaeimehr ¹ (PhD student in Public Law, Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.)
Kheirollah  Parvin ² (Professor, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.)
Abdolkarim  Shaheydar ³ (Assistant Professor, Payam e Noor University, Department of Law, , Tehran, Iran.)

Received: 2022-09-21 Accepted : 2023-01-09 Published : 2023-09-23

Keywords: Public Management, Government, Postmodernism, public interest, Administrative Law,

Abstract :

The new form of the government, which is being realized along with diversity, differences and distances, raises questions about the conditions of exercising government power in the societies entered in the postmodern era. With such a situation and by entering into complex relationships of mutual dependence and being present in the competition of various powers with which it is required to combine and pass through multiple lines of rupture, it seems that a significant part of the means of action and its ability to control the transformation Social has lost; The government is no longer considered to be the arena of purity, selflessness and sacrifice, but it is considered the position and position of pursuing individual interests. At present, this thinking has prevailed that the public administration should be efficient and beneficial like a private person, and this efficiency will lead to the realization of good management. According to the research, it should be said; The assumption based on which the public administration, which serves the public interest, is not able to provide efficiency and usefulness gave way to the idea that the administration is required to continuously improve its functions and reduce its costs, just like private individuals; The department is committed to carrying out its missions in the best possible conditions, and taking care of the quality of its support using the best tools and facilities available to it. Therefore, its difference with private institutions is fading. In this research, using a descriptive-analytical method, an attempt has been made to investigate the legality of the reduction of the specificity of the government in the post-modern era by distinguishing "public-private" as an element of fundamental thinking.