Sociological Review 1010-2809 23 1 2016 08 22 DURKHEIM'S POLITICAL SOCIOLOGY DURKHEIM'S POLITICAL SOCIOLOGY 9 34 58625 10.22059/jsr.2016.58625 FA Hamidreza Jalaeipour Noh Monavari Journal Article 2016 02 18 <span style="font-size: 10pt; font-family: 'Times New Roman','serif'; color: black; mso-fareast-font-family: 'Times New Roman'; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: FA; mso-bidi-font-weight: bold;">Till now, Durkheim has not been known as a theorist of political sociology in Iran and also in the West. One reason for this delay is that Durkheim's political books, including the book "Sociological lessons", translated and collected later than the rest of his works. Durkheim political ideas in particular concerning the nature and function of the state, the role of the state in the development of moral individualism, and adjust the relation between state and society in a democracy. The importance of these ideas is in the specific definitions of state, civil morality, and democracy, and Durkheim's critique of socialism and communism's schools. Neo-Durkheimian political sociology, in recent decades, in the works of Jeffrey Alexander is one of the pillars of the formation known as the cultural turn in political sociology. In this article, Durkheim's opinions expressed and by the various schools of political sociology and late discussions of political sociology Durkheim also be discussed. <span style="font-size: 10pt; font-family: 'Times New Roman','serif'; color: black; mso-fareast-font-family: 'Times New Roman'; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: FA; mso-bidi-font-weight: bold;">Till now, Durkheim has not been known as a theorist of political sociology in Iran and also in the West. One reason for this delay is that Durkheim's political books, including the book "Sociological lessons", translated and collected later than the rest of his works. Durkheim political ideas in particular concerning the nature and function of the state, the role of the state in the development of moral individualism, and adjust the relation between state and society in a democracy. The importance of these ideas is in the specific definitions of state, civil morality, and democracy, and Durkheim's critique of socialism and communism's schools. Neo-Durkheimian political sociology, in recent decades, in the works of Jeffrey Alexander is one of the pillars of the formation known as the cultural turn in political sociology. In this article, Durkheim's opinions expressed and by the various schools of political sociology and late discussions of political sociology Durkheim also be discussed.

https://jsr.ut.ac.ir/article_58625_50827f1642e2144e6ec88cc72a4b706e.pdf

Sociological Review 1010-2809 23 1 2016 08 22 Phenomenological Study of Religion in John D. Kaputo Phenomenological Study of Religion in John D. Kaputo 35 63 58626 10.22059/jsr.2016.58626 FA Majid Movahed Majd Ali Fotovatian Journal Article 2016 02 06 In this paper, we are intended to study the phenomenological comments of Kaputo about religion. Thus, we first review his theoretical concepts, the most important of which are phenomenological approach of Heidegger and Levinas. He, in his approach, claiming to the elimination of all forms of metaphysics and consequently absolute concepts in religion studies, in order to gain access to the entity of religion, seeks to remove the subject in religious knowledge and resorts to the Phenomenological approach of Levinas and Heidegger's ontological approach. Eventually, the fact that post-modern theological approaches should not be considered apart from post-modern philosophy of recent century, as well as the fact that this field highly gives insight to one's religious studies, correlate to his connection of post- modernism and related ideas, and also the extent to which these approaches prove their claims, is related to such proportions and it understood with frame of such relation. In this paper, we are intended to study the phenomenological comments of Kaputo about religion. Thus, we first review his theoretical concepts, the most important of which are phenomenological approach of Heidegger and Levinas. He, in his approach, claiming to the elimination of all forms of metaphysics and consequently absolute concepts in religion studies, in order to gain access to the entity of religion, seeks to remove the subject in religious knowledge and resorts to the Phenomenological approach of Levinas and Heidegger's ontological approach. Eventually, the fact that post-modern theological approaches should not be considered apart from post-modern philosophy of recent century, as well as the fact that this field highly gives insight to one's religious studies, correlate to his connection of post- modernism and related ideas, and also the extent to which these approaches prove their claims, is related to such proportions and it understood with frame of such relation.

https://jsr.ut.ac.ir/article_58626_d6e6a4407a647188a5823134a60e32a2.pdf

Sociological Review 1010-2809 23 1 2016 08 22 Chronic illness as way of life: a study of the multiple sclerosis’s lived realities Chronic illness as way of life: a study of the multiple sclerosis’s lived realities 65 89 58627 10.22059/jsr.2016.58627 FA Kamal Khaleghpanah Journal Article 2016 06 16 The present study aims to investigate the lived experiences of patients suffering from chronic illnesses, which, in this case study, is MS. The research question revolves round investigating the illness position in sufferer’s history and its persistence via pains, fears and future expectations in social (con) text. The study’s theoretical idea offers that social circumstance, through representations of the illness and structural restrictions, excludes the sufferer, thus the conceptualization of chronic illnesses ought to be based not on the mental experience but on the sufferer’s lived realities. Having surveyed theories related to illness experiences, Michel Bury’s conceptualization of chronic illnesses as biographical disruption, which is predicated on highlighting the sufferer’s mental experience regardless of structural, cultural and social circumstances, is challenged. This research, through thematic study of MS sufferers’ experiences on MS Center’s special website, employs the concept of way of life as a place for interaction between the illness and treatment, the structural conditions (from producing illness to stigmatizing the sufferer) and the disease representation in society as well as the ways to resist it to conceptualize the chronic illnesses. Unlike biographical disruption, the concept of way of life is based on the possibilities of living in spite of suffering from chronic illnesses and extends, simultaneously, the illness confrontation from mere individual confrontation to one in social life situation. The present study aims to investigate the lived experiences of patients suffering from chronic illnesses, which, in this case study, is MS. The research question revolves round investigating the illness position in sufferer’s history and its persistence via pains, fears and future expectations in social (con) text. The study’s theoretical idea offers that social circumstance, through representations of the illness and structural restrictions, excludes the sufferer, thus the conceptualization of chronic illnesses ought to be based not on the mental experience but on the sufferer’s lived realities. Having surveyed theories related to illness experiences, Michel Bury’s conceptualization of chronic illnesses as biographical disruption, which is predicated on highlighting the sufferer’s mental experience regardless of structural, cultural and social circumstances, is challenged. This research, through thematic study of MS sufferers’ experiences on MS Center’s special website, employs the concept of way of life as a place for interaction between the illness and treatment, the structural conditions (from producing illness to stigmatizing the sufferer) and the disease representation in society as well as the ways to resist it to conceptualize the chronic illnesses. Unlike biographical disruption, the concept of way of life is based on the possibilities of living in spite of suffering from chronic illnesses and extends, simultaneously, the illness confrontation from mere individual confrontation to one in social life situation.

https://jsr.ut.ac.ir/article_58627_ab080d1a340b7439704d8a19a4e91ff8.pdf

Sociological Review 1010-2809 23 1 2016 08 22 The social disorganization and latent urban pathologies in the Harandi neighborhood The social disorganization and latent urban pathologies in the Harandi neighborhood 91 121 58628 10.22059/jsr.2016.58628 FA Satar Parvin Ali Asghar Darvishi Fard Ghobad Kazemi Journal Article 2016 01 06 The aim of this research is to study the social disorganization of the Harandi neighborhood in Tehran and One of its social latent pathology. Data research is collected through qualitative methods and also techniques are interviews and observation. The sample size is 35 gamblers lived in Harandi neighborhood. Research findings indicate that Harandi neighborhood’s structure faces with social disorganization that this situation creates latent and manifest social pathologies. Gambling is one of them. The results show that Gamblers are mostly men and Gambling Link with other kinds of social pathologies as Addiction, theft, Family conflicts, Violence Etc. The social disorganization and latent urban pathologies in the Harandi neighborhood The aim of this research is to study the social disorganization of the Harandi neighborhood in Tehran and One of its social latent pathology. Data research is collected through qualitative methods and also techniques are interviews and observation. The sample size is 35 gamblers lived in Harandi neighborhood. Research findings indicate that Harandi neighborhood’s structure faces with social disorganization that this situation creates latent and manifest social pathologies. Gambling is one of them. The results show that Gamblers are mostly men and Gambling Link with other kinds of social pathologies as Addiction, theft, Family conflicts, Violence Etc. The social disorganization and latent urban pathologies in the Harandi neighborhood

https://jsr.ut.ac.ir/article_58628_ded9c6885fa24d0ee02f482c73c9d25c.pdf

Sociological Review 1010-2809 23 1 2016 08 22 Socio-cultural Context of Women’s Economic Actions and Its Consequences Socio-cultural Context of Women’s Economic Actions and Its Consequences 123 141 58629 10.22059/jsr.2016.58629 FA Adel Abdolahi Valiolah Rostamalizadeh Basahir Ghane Journal Article 2015 12 30 Qualitative studies allow researchers to understand and analyze daily actions of individuals based on actors’ own definitions. On this basis, the present study focuses on field data in an attempt to study the subjective meaning of women’s economic actions in Paveh city as well as to identify socio-cultural contexts affecting these actions and its consequences. The methodology of this study follows that of qualitative research. Data was collected using in-depth interviews and participant observation techniques. Also, the framework approach was used in five stages to analyze data, i.e. familiarization, identifying a thematic framework, indexing, tabulation and data combination. The findings were organized around the five main themes of “contextualization of economic actions”, “contextualization of savings patterns”, “need-oriented employment pattern”, “family assistance in production” and “redefinition of women’s role and status”; each of these themes cover two sub-themes. The final theoretical framework was obtained by reviewing and combining the extracted themes. Based on “the final theoretical framework” it can be stated that economic actions of women in Paveh are based on a set of “intentional actions” and that among the obvious consequences of these actions is “deconstruction of women’s roles”. In the same way, the final outcome of economic actions in the study population is “feminization of household economy”, a category that semantically covers other main and sub-themes emerged from research findings. Qualitative studies allow researchers to understand and analyze daily actions of individuals based on actors’ own definitions. On this basis, the present study focuses on field data in an attempt to study the subjective meaning of women’s economic actions in Paveh city as well as to identify socio-cultural contexts affecting these actions and its consequences. The methodology of this study follows that of qualitative research. Data was collected using in-depth interviews and participant observation techniques. Also, the framework approach was used in five stages to analyze data, i.e. familiarization, identifying a thematic framework, indexing, tabulation and data combination. The findings were organized around the five main themes of “contextualization of economic actions”, “contextualization of savings patterns”, “need-oriented employment pattern”, “family assistance in production” and “redefinition of women’s role and status”; each of these themes cover two sub-themes. The final theoretical framework was obtained by reviewing and combining the extracted themes. Based on “the final theoretical framework” it can be stated that economic actions of women in Paveh are based on a set of “intentional actions” and that among the obvious consequences of these actions is “deconstruction of women’s roles”. In the same way, the final outcome of economic actions in the study population is “feminization of household economy”, a category that semantically covers other main and sub-themes emerged from research findings.

https://jsr.ut.ac.ir/article_58629_726f8db67a191ad418c916fe45832a83.pdf

Sociological Review 1010-2809 23 1 2016 08 22 Studying the Status of the Intellectual Field and Its Position on the Process of the Democratization of culture from 1979 Revolution to 1998 Studying the Status of the Intellectual Field and Its Position on the Process of the Democratization of culture from 1979 Revolution to 1998 143 163 58630 10.22059/jsr.2016.58630 FA Mehrdad Navabakhsh Amin Karami Journal Article 2016 06 16 This article aims to study the status of the intellectual Field and its position on the process of the democratization of culture in formal and content-oriented levels, and the type of the relationship is conceived in terms of the intervention of the field of social classes and the field of power. In order to achieve this purpose, Bourdieu’s ‘theory of fields’ has been put into practice as a conceptual framework and some indexes of the democratization of culture in Karl Mannheim’s point of view. Therefore, first, the features of the fields of power, intellectualism, and social classes are shed light upon, and the subfield of literature has also been studied as the witness field in order to trace the democratic and undemocratic transformations. The great issue to be taken care of after determining the domains to be studied was the method of the collection and accessing the coordinates of these fields, documentary-library method and purposive sampling strategy, or criterion-oriented sampling, has been employed.This process, in its step-by-step development, ends up in interpretation and explanation. In this part, the explanation of the coordinates and features of the aforementioned fields is carried out in a binary form, based on which, the intellectualism field has been found to be passive and ineffective. One could even argue that some sort of confusion haunt the intellectual discourses of the time resulting from the lack of an opposition between the state-centered and independent poles, thus the structural dominance of the state-politics sphere. For this reason, the field of intellectualism itself not only fails in regard with positive effectiveness, but it does not also manage to internalize democratic polarization, distinction, and identification. This article aims to study the status of the intellectual Field and its position on the process of the democratization of culture in formal and content-oriented levels, and the type of the relationship is conceived in terms of the intervention of the field of social classes and the field of power. In order to achieve this purpose, Bourdieu’s ‘theory of fields’ has been put into practice as a conceptual framework and some indexes of the democratization of culture in Karl Mannheim’s point of view. Therefore, first, the features of the fields of power, intellectualism, and social classes are shed light upon, and the subfield of literature has also been studied as the witness field in order to trace the democratic and undemocratic transformations. The great issue to be taken care of after determining the domains to be studied was the method of the collection and accessing the coordinates of these fields, documentary-library method and purposive sampling strategy, or criterion-oriented sampling, has been employed.This process, in its step-by-step development, ends up in interpretation and explanation. In this part, the explanation of the coordinates and features of the aforementioned fields is carried out in a binary form, based on which, the intellectualism field has been found to be passive and ineffective. One could even argue that some sort of confusion haunt the intellectual discourses of the time resulting from the lack of an opposition between the state-centered and independent poles, thus the structural dominance of the state-politics sphere. For this reason, the field of intellectualism itself not only fails in regard with positive effectiveness, but it does not also manage to internalize democratic polarization, distinction, and identification.

https://jsr.ut.ac.ir/article_58630_568f948657d3ed929e5fa86098aa3523.pdf

Sociological Review 1010-2809 23 1 2016 08 22 Curse Songs in Popular Music of Iran (1380-present) Curse Songs in Popular Music of Iran (1380-present) 165 192 58631 10.22059/jsr.2016.58631 FA Talieh Khademian Mohsen Soleimani Fakher Journal Article 2016 06 05 This research aims to study the "curse songs in popular music of Iran". For this purpose, Farsi music in Iran in the years 1380 to 1394 is analyzed. Qualitative approach is used. Since the study of popular music is as a part of popular culture, it can be studied in the field of sociology of art and culture. The main method used in this research is "structure-oriented grounded theory". Thus instead of using the existing theory as the theoretical framework, the researcher has been in pursuit of founding his theory out of data from field. For this purpose, sampling is from the theoretical type and data is collected from various sources. The various data collection techniques such as interviews, observations, online search, and gathering documents and texts have been used. All data is then encoded with instructions on the use of the three open, axial and selective coding. Finally, 20 categories extracted from approximately 80 elementary concepts. "Paradox of social life within human relations" as the central issue is identified. As second method, discourse analysis was employed and 5 curse discourses were identified and documented by evidence. At the end, by using the trustworthiness and pluralism criteria as alternatives to the reliability and validity in quantitative research, and also by responding to heptathlon questions of Strauss and Corbin about the experience, the research is evaluated. This research aims to study the "curse songs in popular music of Iran". For this purpose, Farsi music in Iran in the years 1380 to 1394 is analyzed. Qualitative approach is used. Since the study of popular music is as a part of popular culture, it can be studied in the field of sociology of art and culture. The main method used in this research is "structure-oriented grounded theory". Thus instead of using the existing theory as the theoretical framework, the researcher has been in pursuit of founding his theory out of data from field. For this purpose, sampling is from the theoretical type and data is collected from various sources. The various data collection techniques such as interviews, observations, online search, and gathering documents and texts have been used. All data is then encoded with instructions on the use of the three open, axial and selective coding. Finally, 20 categories extracted from approximately 80 elementary concepts. "Paradox of social life within human relations" as the central issue is identified. As second method, discourse analysis was employed and 5 curse discourses were identified and documented by evidence. At the end, by using the trustworthiness and pluralism criteria as alternatives to the reliability and validity in quantitative research, and also by responding to heptathlon questions of Strauss and Corbin about the experience, the research is evaluated.

https://jsr.ut.ac.ir/article_58631_b5e7c2d32e884944517c4bb8e2067a14.pdf

Sociological Review 1010-2809 23 1 2016 08 22 Ethnic Discourses in Student Journals and Publications Ethnic Discourses in Student Journals and Publications 193 213 58812 10.22059/jsr.2016.58812 FA Mohammad Farhadi Journal Article 2016 05 01 The main issue of this paper is ethnocentric discourse among Iranian university students. Accordingly argues that ethnicity is a conflict of meaning and understanding and discourse analysis, this will be subject to review. The present method comparison Foucault's discourse analysis is narrated by Laclau and Mouffe. Since the field of representation of social phenomena studied the text of the content of student publications selected universities around the country. In this exploratory analysis is written dominant discourses of ethnicity and propositions articulated so results containing descriptions of them.The text asserts ethnicity relations following the new policy, competition is meaning and identity And as features of discourse gives any signs used in any context to justify introduces ethnicity. The main issue of this paper is ethnocentric discourse among Iranian university students. Accordingly argues that ethnicity is a conflict of meaning and understanding and discourse analysis, this will be subject to review. The present method comparison Foucault's discourse analysis is narrated by Laclau and Mouffe. Since the field of representation of social phenomena studied the text of the content of student publications selected universities around the country. In this exploratory analysis is written dominant discourses of ethnicity and propositions articulated so results containing descriptions of them.The text asserts ethnicity relations following the new policy, competition is meaning and identity And as features of discourse gives any signs used in any context to justify introduces ethnicity.

https://jsr.ut.ac.ir/article_58812_ed5f0d6848b5c595377576b40983d3d9.pdf

Sociological Review 1010-2809 23 1 2016 08 22 Class Analysis Based on Discourse Theory of Laclau and Mouffe:Scrutinizing Discourses of Islamic Republic toward Modern Urban Middle Class Since 1368 to 1392 Class Analysis Based on Discourse Theory of Laclau and Mouffe:Scrutinizing Discourses of Islamic Republic toward Modern Urban Middle Class Since 1368 to 1392 215 236 58813 10.22059/jsr.2016.58813 FA Seyed Mohammad Mahdi Khoei Journal Article 2016 06 25 The subjectivity of the Tehranian middle class was the subject of consideration in this research; since this modern middle class in Iran, which emerged under the influence of Reza Shah’s modernization process, has always played a major role in forming social movements and establishing social changes and reforms during recent years. In contemporary Iranian history, the occurrences of major social changes and reforms have always become possible through the mediation of the middle class. In this contemporary history, all of the regimes have been faced with major defeats when this middle class stopped supporting them and started protesting against them for its demands. Following the framework of Laclau and Mouffe’s discourse theory, four forms of the Islamic Republic discourse’s articulations have been mentioned regarding different contextual circumstances since the revolution of 1979. During this paper, I tried first to relate these dominant articulations in each period to the represented preferred meanings and ideal subject positions of the Islamic Republic discourse. Consequently, role of the urban modern middle class in advancing each articulation and the relations of the middle class with these articulations have been elaborated upon The subjectivity of the Tehranian middle class was the subject of consideration in this research; since this modern middle class in Iran, which emerged under the influence of Reza Shah’s modernization process, has always played a major role in forming social movements and establishing social changes and reforms during recent years. In contemporary Iranian history, the occurrences of major social changes and reforms have always become possible through the mediation of the middle class. In this contemporary history, all of the regimes have been faced with major defeats when this middle class stopped supporting them and started protesting against them for its demands. Following the framework of Laclau and Mouffe’s discourse theory, four forms of the Islamic Republic discourse’s articulations have been mentioned regarding different contextual circumstances since the revolution of 1979. During this paper, I tried first to relate these dominant articulations in each period to the represented preferred meanings and ideal subject positions of the Islamic Republic discourse. Consequently, role of the urban modern middle class in advancing each articulation and the relations of the middle class with these articulations have been elaborated upon

https://jsr.ut.ac.ir/article_58813_855ad73a7505c34b9e356515cce019a6.pdf

Sociological Review 1010-2809 23 1 2016 08 22 Sufism and Social Life;Scrutinizing Inclinations of Two Paths of Sufism, Naqshbandi and Nimatullahi, in Economic and Political Spheres in Teymouri Era Sufism and Social Life;Scrutinizing Inclinations of Two Paths of Sufism, Naqshbandi and Nimatullahi, in Economic and Political Spheres in Teymouri Era 237 260 58814 10.22059/jsr.2016.58814 FA Neda Hosseini Milani Journal Article 2016 04 06 The aim of this study is to show social aspect of Sufism with the emphasis on Naqshbandi and Nimatullahi orders.It was also our goal to understand the direction of Sufi orders in political and economic spheres by using the Weber's typology of Asceticism and Mysticism. The historical period chosen was the Timuri. This research uses the investigation of historical documents. The results show that Naqshbandi and Nimatullahi orders were very active in political and economic spheres and it seems that the Weber's typology is not an efficient to understand the direction of orders in the Islamic Sufism .According to the Weber's, sufi direction is a mystic one. However, the results show that the direction Naqshbandi and Nimatullahi orders in political and economic spheres are different from the Weber's typology. It seems that there should be an independent typology to understand the direction of sufism in worldly affairs. The aim of this study is to show social aspect of Sufism with the emphasis on Naqshbandi and Nimatullahi orders.It was also our goal to understand the direction of Sufi orders in political and economic spheres by using the Weber's typology of Asceticism and Mysticism. The historical period chosen was the Timuri. This research uses the investigation of historical documents. The results show that Naqshbandi and Nimatullahi orders were very active in political and economic spheres and it seems that the Weber's typology is not an efficient to understand the direction of orders in the Islamic Sufism .According to the Weber's, sufi direction is a mystic one. However, the results show that the direction Naqshbandi and Nimatullahi orders in political and economic spheres are different from the Weber's typology. It seems that there should be an independent typology to understand the direction of sufism in worldly affairs.

https://jsr.ut.ac.ir/article_58814_d0e901029bc65971b447918a145f80d0.pdf

Sociological Review 1010-2809 23 1 2016 08 22 The impacts of modernity upon spirituality: a critical study of Charles Taylor The impacts of modernity upon spirituality: a critical study of Charles Taylor 261 284 58815 10.22059/jsr.2016.58815 FA Vahid Sohrabifar Bagher Talebi Darabi Journal Article 2016 06 05 Charles Taylor is one of the most influential philosophers that studied the modern age and the identity of the modern human being. In this paper, the authors try to discuss the ideas of Taylor on the impacts of modernity upon spirituality. In doing so, first they present an image of how the modern world emerged, then focus on the impacts of modernity on spirituality such as a shift toward within, independency of spirituality, diversity of spiritual options and, competition between religious and non-religious spirituality. Finally paper comes to the critical part and argues that differentiation between religion and spirituality and also the claim of Taylor for creating an open spirituality within the immanent frame in self-contradictory are not acceptable. As a conclusion, Taylor’s great analysis is still valuable and it can explain many phenomena, but it needs to be revised. The method of this research is a hermeneutical analysis of the content of the Taylor’s work. Charles Taylor is one of the most influential philosophers that studied the modern age and the identity of the modern human being. In this paper, the authors try to discuss the ideas of Taylor on the impacts of modernity upon spirituality. In doing so, first they present an image of how the modern world emerged, then focus on the impacts of modernity on spirituality such as a shift toward within, independency of spirituality, diversity of spiritual options and, competition between religious and non-religious spirituality. Finally paper comes to the critical part and argues that differentiation between religion and spirituality and also the claim of Taylor for creating an open spirituality within the immanent frame in self-contradictory are not acceptable. As a conclusion, Taylor’s great analysis is still valuable and it can explain many phenomena, but it needs to be revised. The method of this research is a hermeneutical analysis of the content of the Taylor’s work.

https://jsr.ut.ac.ir/article_58815_3fae86eed58e0b8b986ae90184460a5d.pdf

Sociological Review 1010-2809 23 1 2016 08 22 Review on Dr. Tabatabayi’s Viewpoints about the Concept of Law among the Thinkers of Constitutional Era (Mashrooteh) Review on Dr. Tabatabayi’s Viewpoints about the Concept of Law among the Thinkers of Constitutional Era (Mashrooteh) 285 304 58816 10.22059/jsr.2016.58816 FA Farhang Faghih Larijani Maryam Fathalizadeh Ahangar Journal Article 2016 06 29 Iranian constitutional revolution is a pivotal moment in the formation of the country’s legal system. Encountering an autocratic regime, the constitutional movement was compelled to restrict the regime’s unbridled power; therefore, for the first time in Iran, a distinctive framework of governance was proposed. In transforming the autocratic regime to a state governed by “law”, the very concept of “law” had to be defined and formed. The author believes that Javad Tabatabaei’s theoritical framework in analyzing thehistoty of legal and political thoughtin Iranis more coherent compared to others, thus making it an appropriate platform for deeper and further analysis.In Tabatabaei’s view, confrontation of traditional foundations is identified as a way of creating a new system of thought. These traditional foundations were Islam, Greek rationalism and Iranian civic tradition. Tabatabaei argues as the two latterdid not survivethrough time, Islam became the only remaining foundation in creating a new system of thought. Mostashar and Naini, two of the most important figures of the constititutional movement were investigated for representing this particular system of thought. This article first claims Dr. Tabatabaei’s supposed traditional foundation is never realized or formed. The prominent figures chosen to showcase constitutional tendencies have antithetical basis for their ideas. Mostashar, following Western traditions, trusted mankind’s rationality whereas religious devotion was the main force in shaping Naini’s beliefs. The author suggests that Mostashar’s efforts to adjust the rationalist rules to native and islamic customes led him to suspect the origins of his own ideas. In pursuit of earliest concepts of law, the author focuses on Mirza Malkamkhan’s ideas. Malkamkhan had an important infulence on Mostashar’s views but unlike him, Malkamkhan never fell in the trap of missaprehension and misconception of the orignial concepts. Iranian constitutional revolution is a pivotal moment in the formation of the country’s legal system. Encountering an autocratic regime, the constitutional movement was compelled to restrict the regime’s unbridled power; therefore, for the first time in Iran, a distinctive framework of governance was proposed. In transforming the autocratic regime to a state governed by “law”, the very concept of “law” had to be defined and formed. The author believes that Javad Tabatabaei’s theoritical framework in analyzing thehistoty of legal and political thoughtin Iranis more coherent compared to others, thus making it an appropriate platform for deeper and further analysis.In Tabatabaei’s view, confrontation of traditional foundations is identified as a way of creating a new system of thought. These traditional foundations were Islam, Greek rationalism and Iranian civic tradition. Tabatabaei argues as the two latterdid not survivethrough time, Islam became the only remaining foundation in creating a new system of thought. Mostashar and Naini, two of the most important figures of the constititutional movement were investigated for representing this particular system of thought. This article first claims Dr. Tabatabaei’s supposed traditional foundation is never realized or formed. The prominent figures chosen to showcase constitutional tendencies have antithetical basis for their ideas. Mostashar, following Western traditions, trusted mankind’s rationality whereas religious devotion was the main force in shaping Naini’s beliefs. The author suggests that Mostashar’s efforts to adjust the rationalist rules to native and islamic customes led him to suspect the origins of his own ideas. In pursuit of earliest concepts of law, the author focuses on Mirza Malkamkhan’s ideas. Malkamkhan had an important infulence on Mostashar’s views but unlike him, Malkamkhan never fell in the trap of missaprehension and misconception of the orignial concepts.

https://jsr.ut.ac.ir/article_58816_f27709bfb5fd9edd853965779496c465.pdf