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- Banakar, Reza, et al.
(författare)
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Iran: A Clash of Two Cultures?
- 2020. - 1
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Ingår i: Lawyers in 21st Century : Vol1: National Reports - Vol1: National Reports. - 9781509915156 ; 1
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- Since the 1979 Revolution, the clerical regime in Iran has been limiting the legal profession’s autonomy by preventing members of the Iranian Bar Association (IBA) from freely electing their Board of Directors and by establishing a new body of lawyers—legal advisors of the judiciary—to contest the IBA’s professional monopoly. Clerics have even attempted to bring the legal profession under the control of the Ministry of Justice and merge it with the legal advisors. The IBA’s struggle to remain a civil society organisation independent of the judiciary offers a vantage point from which to explore the role of the legal profession in Iranian society and the legal system of the Islamic Republic. Why does the Iranian judiciary oppose an independent legal profession, and why does the profession refuse to capitulate? What are the implications of this ongoing conflict for the legal order of the Islamic Republic, whose political elite consists mainly of Islamic jurists? What are the socio-cultural consequences of undermining the integrity and autonomy of the legal profession? These questions will guide our inquiry.After discussing the IBA’s development before and after the 1979 Revolution, we describe how practising attorneys view the IBA, advocacy, legal practice, legal services and their troubled relationship with the judiciary. They recount the obstacles they encounter within a politicised judicial order and explain how they preserve professional integrity within a legal system that lacks the public’s confidence. We conclude by arguing that the Islamic Republic’s attempt to subordinate the legal profession to administrative and ideological control by the judiciary reflects the clash of two legal cultures. Iranian judges reconstruct and apply Islamic jurisprudence (fiqh) as part of their efforts to deliver substantive justice within a codified legal system, while IBA attorneys understand and seek to practise law consistent with the ideals of due process, certainty and uniformity in legal decision-making.
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| 2. |
- Banakar, Reza, et al.
(författare)
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The Life of the Law in the Islamic Republic of Iran
- 2018
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Ingår i: Iranian Studies. - : Cambridge University Press (CUP). - 0021-0862 .- 1475-4819. ; 51:5, s. 717-746
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Tidskriftsartikel (refereegranskat)abstract
- Beyond the esoteric deliberations of Islamic jurists and their exegesis of criminal and private law doctrines, Iranian law lives a life of its own. It is a life of routine practices of judges, court clerks, lawyers and clients, each of whom is striving to turn the law to their own advantage. It is also a life of contested legality, a relentless struggle over the right to determine the law in a juridical field which is infused with strife and hostility. These conflicts are reproduced daily as two competing conceptions of law, and their corresponding perceptions of legality clash in pursuit of justice. The Iranian judiciary’s concept of law, their reconstruction of Islamic jurisprudence and their methods of dispensing justice, which on the surface are reminiscent of Max Weber’s “qadi-justice,” collide with the legal profession’s formal rational understanding thereof. However, Iranian judges are not Weberian qadis, and the legal profession is not a homogenous group of attorneys driven by a collective commitment to the rule of law. To understand their conflict, we need to explore the mundane workings of the legal system in the context of the transformation of Iranian society and the unresolved disputes over the direction of its modernity.
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