نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار، گروه حقوق عمومی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
2 دانشآموختهی کارشناسی ارشد، گروه حقوق عمومی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Introduction
Positive law is a human construct that emerges from within society and is employed to regulate social relations. The deep connections between law and society raise questions about the practical effects of law on society. These effects aim to achieve the law's intended goals and fulfill its expected functions. One of the perceived objectives of the law is to realize social change and to transform longstanding customs in a given society. In fact, one of the fundamental questions of the sociology of law is to determine the relationship between concepts of law and social change, to reveal the active or passive role of law in these transformations. Indeed, viewing law as an active element towards changing the traditional customs of society creates the expectation that merely by legislating, society can be shaped differently Conversely, another viewpoint. Conversely, another viewpoint considers law as a passive element that is shaped by other social components, and any expectation of significant impact from it diminishes. In this context, the primary question of the current research is to reveal the relationship between law and social change from the perspectives proposed in the sociology of law. In this context, the study examines the granting of child custody rights to women under the Family Protection Law and its amendments in 1975. The selected theoretical framework of the research is also analyzed within this context. The reason for focusing on this particular law is its progressive nature relative to the society of that time and its explicit aim of bringing about social change.
Method
The present study, using a descriptive-analytical method and library research, examines the theories of legal sociology scholars regarding the relationship between law and social change.
Findings
In general, there are three theories regarding the relationship between law and social change. The initial perspective views law as a tool for social engineering, through which a planned social transformation can be shaped. The second theory holds that law is a dependent and marginal variable that emerges from the beliefs and general ideologies of society. A third viewpoint is also noteworthy and according to it, law plays a dual role in relation to the phenomenon of social change. While it can actively initiate changes, it also sometimes has no choice but to follow the changes brought about by other social factors. In essence, this view serves as a bridge between the first two theories, seeking a moderate and balanced approach between them. From the author's perspective, this view is closer to reality compared to the previous theories.
Conclusions
Law and social change are among the fundamental concepts in the sociology of law, and the relationship between them has raised many questions regarding the nature of their interaction. The connection between these two concepts has given rise to three major theories. The first theory, emphasizing the agency of law in initiating social change, views it as a powerful tool for driving planned transformations. In contrast, the second theory considers law a passive element whose role is limited to following the transformations brought about by other social components. From the author’s perspective, neither of these two theories fully succeeds in accurately describing the complex relationship between law and social change. Each, by overly emphasizing one aspect, fails to provide a comprehensive portrayal of the law’s role. This shortcoming gives rise to a third theory, which underscores the dual role of law—both in advancing desired social changes and in responding to existing traditions. In other words, proponents of this view regard law as an effective instrument for social change but reject its use without consideration for long-standing traditions and values. From the author’s standpoint, this third approach offers a more realistic interpretation of the relationship between law and social change. Its strength lies in its comprehensive nature and its ability to establish a bridge between the two previous theories, allowing for a more balanced and realistic analysis. A case study of the impact of granting child custody rights to women under the 1967 Family Protection Law and its subsequent amendments also supports the research findings.
کلیدواژهها [English]
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