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Law, State, and Society in Modern Iran
 
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Law, State, and Society in Modern Iran
Constitutionalism, Autocracy, and Legal Reform, 1906-1941
 
 
Palgrave Macmillan
 
 
 
 
 
 
19 Jul 2013
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£57.50
|Hardback Back in stock soon
  
9781137282019
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DescriptionReviewsContentsAuthors

Incorporating history, sociology, and rule of law studies, this book sheds light on an understudied but fascinating dimension of modernization in Iran, namely the emergence of a new legal system between the 1906 Constitutional Revolution and the end of Reza Shah's rule in 1941. While Iranian constitutionalism can be seen as part of a global trend of constitutional revolutions at the turn of the twentieth century, in Iran, an unusual institutional and historical background shaped a path to legal reform that was in many ways unique. Among other factors, the scholastic legalism of the Shi'i ulama and the considerable autonomy they enjoyed in administering the civil law in the nineteenth century made legal reform a particularly contested, difficult, and politically charged aspect of state building.


Description

Incorporating history, sociology, and rule of law studies, this book sheds light on an understudied but fascinating dimension of modernization in Iran, namely the emergence of a new legal system between the 1906 Constitutional Revolution and the end of Reza Shah's rule in 1941. While Iranian constitutionalism can be seen as part of a global trend of constitutional revolutions at the turn of the twentieth century, in Iran, an unusual institutional and historical background shaped a path to legal reform that was in many ways unique. Among other factors, the scholastic legalism of the Shi'i ulama and the considerable autonomy they enjoyed in administering the civil law in the nineteenth century made legal reform a particularly contested, difficult, and politically charged aspect of state building.


Reviews

"Law, State, and Society in Modern Iran offers a perceptive examination of the impact of legal reforms on the process of state building and modernization in the first half of twentieth century in Iran. Its use of a wide range of primary source material will be particularly welcomed by historians of the period, and its broad analytical approach should make it indispensable for comparative studies of legal reforms in the wider context of the Middle East and current debates on constitutional development." - Ali Gheissari, University of San Diego, USA

"Legal transformations of codes, institutions, and procedures constituted a crucial motor in the formation of political modernity and the modern state in Iran. This book contains lucid and original accounts and analyses of the events and processes in these transformations, rich in the details of political struggles and ideological contests, not only between the entrenched clerical hierarchy and the modernizing constitutionalists but also within and across both camps. This is key to understanding the subsequent fractured evolution of Iranian state, society, and revolution." - Sami Zubaida, Emeritus Professor of Politics and Sociology, Birkbeck, University of London, UK

"Enayat has undertaken a theoretically informed and historically grounded exploration of a topic of great significance in modern Iran. His work furnishes cogent explanation along with lucid historical analysis; his observations are pertinent, his judgments sober, and his conclusions persuasive. This book constitutes an important and timely contribution to the understanding of the evolving legal structures and their contextual constraints, not only in Iran but also in the rest of the Middle East." - Fakhreddin Azimi, Professor of History, University of Connecticut, USA


Contents

Introduction
1. Law, State and Society in Nineteenth Century Iran
2. Law and Justice in the Mashrutiyat: 1891–1911
3. The Struggle to Establish New Laws and Institutions 1911–1926
4. The Reforms of Ali Akbar Davar and Beyond 1926–1941
5. The New Legal Institutions in Practice: 1906–1941
Epilogue: The Judiciary under Mohammad Reza Shah
Final Conclusion


Authors

Hadi Enayat is a researcher based in London and a Visiting Lecturer at the Institute for the Study of Muslim Civilisations - Agha Khan University, London, UK. He specializes in political sociology and socio-legal studies of Middle Eastern societies.