Document Type : Research Paper
Authors
1 Social Sciences Faculty, ALLAMEH Tabataba'i University, Tehran, Iran
2 Dean of Social Sciences Faculty at Allameh Tabatabai' University
Abstract
The expression of the social problem of law in Iran by emphasizing the concept of anomie and considering the state as sickness is disagree with Durkheim's sociology of law. Introducing the rules for the distinction of sickness and health, three criteria from the perspective of sociology of law are identified to evaluate the state: 1) a degree of law non-obedience is normal and It is necessary and also useful; 2) The State is the agent of the collective conscience in legislating, and the statutory law arising from the collective conscience is normal; and 3) the normative rules are connected in the collective conscience and the connection of the statutory law with other normative rules is normal in the constellation of social control. By referring to the previous researches, we examine the three types of law non-obedience as well as the changes in the social context of the law and conclude that these three types cannot be considered abnormal. If we interpret the evidences of law non-obedience as an indicator of society health, then we can identify the factors affecting the occurrence of each type of law non-obedience, and offer specific policy recommendations to the legislators to improve the specific law.
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