نوع مقاله : مقاله پژوهشی
نویسندگان
دانشگاه شهید بهشتی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Positive law is a phenomenon arising from society that is established by the legislator with a specific purpose; a purpose that may be limited to preserving the existing order or aimed at creating changes in the longstanding traditions of society. In fact, the establishment of law within society raises questions about its real effects on society and its connection to the issue of social change. In this context, the main question of this research is to examine the role of law in achieving the targeted social changes and the two-way relationship between the aforementioned social components. It means to what extent law can efficiently undertake the alteration of norms and ingrained attitudes within society. In this regard, three theories have been proposed in discussions of legal sociology.
The first viewpoint emphasizes the progressive role of law in achieving the desired changes, considering it capable of internalizing new values and going beyond previous norms. Meanwhile, the second viewpoint considers law merely as a follower of other social components and does not believe in its independent role in this path. There is also a third viewpoint that establishes a bridge between two previous theories while supporting the progressive role of law, emphasizes that its success in this path requires relative adherence to the longstanding traditions of society. From the author's point of view, the third viewpoint, due to its comprehensiveness and inclusion of key aspects of preceding perspectives, is closer to reality and is considered the preferred theory in the current research.
کلیدواژهها [English]
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