DEVLET TEORİSİ’NDE TARİHİN YERİ: BİR KURGUDAN HİKÂYE, BİR HİKÂYEDEN HAKİKAT YARATMAK

Abstract

State theory is a major part of public law. In order to grasp state theory, one should firstly define its research method. History plays a decisive role in constitution of this research method. Thus, the answer to the question of what is history? is very important. History can be defined as a kind of archaeology and investigation of the past. A number of thinkers who examine the state, traditionally approach the history as a straight line. This approach, which perceives history as if it always consisted of progress, sees history as a continuity. However, history can be grasped not as a straight line or continuity but as a discourse that can be understood by means of historical leaps, consisting of discontinuities. Therefore, one inevitably needs a methodology to understand the state. In contrast to just examine the state through its legal institutions, it is necessary to enquire its history, its nature and its relation to power. This is the principle of the methodology of examining the state. This study aims to define the keystone of this methodology by referring some views of Michel Foucault on the notion of law and following a critical path regarding the concept of history.

Keywords

• public law
• general theory of state
• history
• michel foucault
• truth
• methodology.