نوع مقاله : علمی-پژوهشی
نویسندگان
1 استادیار گروه جامعهشناسی پژوهشگاه حوزه و دانشگاه،قم، ایران
2 استادیار گروه جامعهشناسی پژوهشگاه حوزه و دانشگاه قم، ایران
3 دانشجوی دکتری گروه جامعهشناسی پژوهشگاه حوزه و دانشگاه، قم، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abstract
The present study is to examine the duties of the government in legislating and implementing effective laws based on a sociological approach. The method of research was the theme analysis and coding information. Seminary and university teachers were the participants, and semi-structured interviews were used. The sample selection method was also done by the snowball method until data saturation was reached and their number reached twelve people. The obtained data was examined, it was repeated and similar cases were merged; then the research topic was analyzed for its effectiveness. The obtained codes were shown in three levels: concepts, major categories, and themes. Based on the results gained from the interviews, the government duties consist of 31 concepts, 8 categories, and 2 main themes for the better effectiveness of the laws. The findings show the main themes of "social persuasiveness of the law" and "effectiveness of law enforcement" includes issues and concepts that were explained and developed; the model obtained from the findings were also drawn.
Keywords: Government duties, laws, effectiveness, sociology, content analysis.
Research method
In this research, semi-structured interviews were used to collect data. In fact, in order to understand the dimensions and components of the topic, the elites were interviewed based on the snowball sampling method. The number of interviewees or the participants depends on the theoretical saturation, and in the present study, the number of elites is 12. 6 seminary male teachers and 6 university male professors were interviewed. The main criterion of elites’ selection includes having influential research and educational experience in this subject. The data analysis method is thematic analysis. Theme analysis is a method for identifying, analyzing, and reporting patterns (themes) in data. This method minimizes and describes the total data in detail. The data collected through interviews was coded, classified, categorized and separated based on the similarities and differences of the concepts, then its themes were extracted. MAXQDA software facilitates coding.
Introduction
The social effectiveness of laws and their improvement is a main issue and concern of social studies, especially in legal sociology. This is because laws, on the one hand, have a prominent position in regulating relationships between individuals and social sections, and on the other hand, can be implemented and acted in society, through using a large number of different factors and extra-legal and jurisprudential components. This matter, more than anything else, reveals the multifaceted nature of this topic and requires to simultaneously refer to the knowledge and skills of different scientific fields and a common dialogue between thinkers and researchers. The outcome can be seen in the formation of interdisciplinary and rather multidisciplinary sciences and fields in academic institutes of different countries. For instance, the common studies and discussions that have been conducted on the subject and similar cases in social sciences and especially, in law and sociology, have founded the basis for the formation of an interdisciplinary field called legal sociology, that has received considerable attention. But it is worth noting that this field is still not recognized in the academic universities of the country. In fact, this area, as a connecting point of legal and sociological debates, has remained far from the common concern of researchers of these two fields. Taking these points into account, the present article deals with the basic question of what are the obligations of governments in establishing and effectively implementing laws from a sociological perspective, and it is to introduce some topics and issues that are essential for the social effectiveness of laws.
Conclusion & Result
Due to their special capabilities, governments have an important role in the regulation and conduct of society's affairs. Among the important features is the effective implementation of laws. The present study sought to answer the question that from a sociological point of view, what are the obligations of the governments in establishing and implementing effective laws? However, taking into account that the literal knowledge of law and social affairs is not rich and comprehensive, it was sought to, based on sociological theories and inferring from different approaches, increase the theoretical sensitivity. For measuring the dimensions and components of the issue, the elites were interviewed. The number of interviewees or the participants was based on the theoretical saturation, that in this research 12 elites were selected. Thematic analysis method was also used to analyze the data. 31 initial codes were created, that later, were reduced to 8 codes, then 2 themes were created. The created themes were: "social persuasiveness of law" and "effectiveness of law enforcement". The first theme, which included five categories, expresses the characteristics that, if realized, will lead to a kind of voluntary compliance with the rules from the addressees. the second theme, which included three categories, refers to the capabilities of law enforcement agencies, law enforcement institutions, and social contexts of law legislation, which can be the basis of their effective implementation in the society
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