نوع مقاله : علمی وپزوهشی
نویسندگان
1 دانشگاه تهران/دانشگاه فرهنگیان
2 دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Investigating the relationship between law and society has always attracted the attention of researchers in the field of social sciences. Meanwhile, legal anthropology seeks to realize this importance and discover the legal mechanisms in the relationships between people, and in fact, the process of legal-judicialization in the culture of each Society investigates because rights play a very important role in organizing and regulating social relations between members of a social group. However, one of the main issues that can be raised in relation to legal anthropology in Iran is the issue of custom. This article aims to investigate the role and impact of custom in the filing of judicial cases, focusing on the prisoners of non-intentional crimes, for this purpose, a number of cases of Diyeh Headquarters have been examined in terms of the traces of custom, and interviews with 10 judges and lawyers in this regard. According to the results of this survey, issues such as abuse of trust between people, ignorance of the law, and criminalizations that are carried out in relation to some customs and traditions between ethnic groups, are among the most important customary axes of the judicial cases of prisoners of crimes. It is unintentional. Also, the issue of contracts between parties that have customary validity is considered one of the troublesome legal problems.
کلیدواژهها [English]
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