Socio-Cultural Strategy

Socio-Cultural Strategy

Sociological study of the Separation between “Statutory Law” and “Social Life” in Iran`s Legal System

Document Type : Original Article

Authors
rohollah eslami 1
Ali Entezari 2
Ghodratollah Rahmani 3
mohammad taghi karami 4
1 Phd student in Political Sociology, Faculty of Social Sciences, Allameh Tabataba'i University, Tehran. Iran
2 Associate Professor of Sociology, Faculty of Social Sciences, Allameh Tabataba'i University (corresponding author). Tehran. Iran
3 Associate Professor of Public Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.
4 Associate Professor of Women's Studies, Faculty of Social Sciences, Allameh Tabataba'i University, Tehran. Iran.
10.22034/scs.2024.416841.1498
Abstract
The importation of law and the creation of Modern legal system in Iran, the subject of this research, is one of the most important events in contemporary history because based on the sociology of law approach, social norms, including law, arise from social solidarity, and the sanction of the normative rules of law provided by the Society to the State as the agent of collective conscience. The Purpose of this article is finding an answer to the question of what is the theoretical foundation of the independence of the legal system separated from society? The method of critical examination of Durkheim's sociology of law revealed the result and steps of the answer in this way that ignoring the gradually emerging of social control rules has led to the monopoly of legal norms into statutory law, which along with the monopoly of sanctions to the State, the basis of the validity of legal norms has been transferred from the Society to the State, and this legal system that relies on the State can be established by importing legal norms from Europe. The discussion about the impossibility to import the legal norms in order to connect law with society, will be a step in realizing Articles 5 & 9 of “General policy of Iranian law system”.
 
Keywords
General policy
Law as Instrument
Modern Legal System
Modern State
Separation of State and Society
 
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  • Receive Date 18 September 2023
  • Revise Date 06 May 2024
  • Accept Date 08 May 2024