Sociological Analysis of the Government's Obligations in the Legislation and Effective Administration of Laws Based on Thematic Analysis Method

Document Type : .

Authors

1 Assistant Professor, Department of Sociology, Seminary and University Research Center,Qom,Iran.

2 Ph.D. Candidate of the Department of Sociology. Seminary and University Research Center,Qom,Iran.

Abstract

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

Main Subjects


Alizadehm, Abdol-Reza(2005) The grounds of accepting a sociological approach in Islamic law, Journal of Faculty of Law and Political Sciences,68,pp115-156. [in Persian]
-Alizadehm, Abdol-Reza (2015) An Introdution to Sociological Approach to Law, Qom, Research. p171.[in Persian]
 -Abdi, Abbas & Kalhor(1992) Samira, Discussions in sociology and law of Iran, Tehran, Publication of Islamic Revolution Education.[in Persian]
-Asadi Ajaq, Nadir(2022) The most important reasons for the non-enforceability of laws in Iran's legal system are, Journal of public law knowledge,11,pp119-144[in Persian]
-Anuri, Hassan(2002) Great speech culture, Tehran, publication of speech. p2563 [ in Persian]
-Bertran, Badi & Boronbom, Pir(2000) Sociology of government, Translated by Ahmad Naqibzadeh, baz publication. p26.[in Persian]
-Blake, Reid & Haroldson, Edwin(1999 (Classification of concepts in communication, Translated by Masoud Ohadi, Tehran,  Soroush publication. p89.[in Persian]
- Braun, V., & Clarke, V. (2006) Using thematic analysis in psychology Oualitative Research in Psychology. Volome3, Issue2.p77-101
- Bingel, Atoler (2016), Persuasive Communication, translated by Ali Rostami, Tehran, Center for Research and Evaluation of Broadcasting Programs. p10.[in Persian]
-Craib, Yan(2017) Classical social theory, Translated by Shahnaz Mesmiparast Tehran, Agah Publishing.[in Persian]
-Chalmers,Johnson(1984) Revolutionary transformation: a theoretical study of the phenomenon of revolution, Translated by Hamid Eliasi, Tehran, Published by Amir Kabir.pp62-64.[in Persian]
-Chalabi, Massoud (2015) Sociology of order, Tehran, Ni publication.p101.[in Persian]
-Critchlow, Rob, Andrew J. Plumptre, Bazil Alidria, Mustapha Nsubuga, Margaret Driciru, Aggrey Rwetsiba, F. Wanyama, Colin M. Beale (2017). Improving Law-Enforcement Effectiveness and Efficiency in Protected Areas Using Ranger-collected Monitoring Data. Conservation Letters (10-5). pp. 572–580.
-Durkheim, Emil )1368( Rules of Sociological Method, translated by Mohammad Ali Kardan, Tehran University Institute.pp36-37.[in Persian]
-Durkheim, Emile(2013)Sociology lessons (physics, ethics and law), Translated by Seyed Jamaluddin. Mousavi, Tehran, Ni publication.pp182-183.[in Persian]
-Demo Essays. (2023). The Effectiveness of the Law Enforcement. (Oline Available in) https://demoessays.com/the-effectiveness-of-the-law-enforcement.
-Farrell , Amy, Jack McDevitt, Stephanie Fahy (2008). Understanding and Improving Law Enforcement Responses to Human Trafficking: Final Report. Washington, D.C.: National Institute of Justice.
-Gurevich, George(1973) An introduction to the sociology of law, Translated by Hassan Habibi Tehran, Publications of the Institute of Social Studies and Research.p95[in Persian]
-Giddens, Anthony (2005) Sociology, Translated by Manouchehr Sabouri, , Tehran, Ni publication.p339.[in Persian]
-Habermas, Jürgen(2013) Structural transformation of the public sphere, Translated by Jamal Mohammadi, Tehran, Publishing thoughts.p210.[in Persian]
-Habermas, J. (1987) The Theory Communicative Action. (T. Mccarthy,  Boston: Beacan Press.pp373-356
-Habermas, J (1996). Between Facts and Norms, Trans. Cambridge: MITpress.p457
-Katouzian, Naser (1983) Introduction to the science of law, Tehran, Iqbal Publishing.p.75[in Persian]
-Katouzian, Naser (1998) Philosophy of Law , Tehran, Publishing company.p118.[in Persian]
-Kasraei, Mohammadsalar & Moradkhani, Homayun & Rezaei, Mohammad(2011) Foucault, governance, political subject and political action, Tarbiat Modares Encyclopaedia Journal of Social Sciences,2,1-80 [in Persian]
-Louis Brule, Henry (1974) Sociology of law, Translated by Abulfazl Ghazi, Tehran, University of Tehran.p37.[in Persian]
-Montesquieu, Charlesloui (1991) The spirit of the laws, Translated by Ali Mehtadi, Tehran, Published by Amir Kabir.pp814-815[in Persian]
-Mohammadpour, Ahmad (2010) Anti-methodology, logic and design in qualitative methodology, ,Tehran, Publication of sociologists
-Melkifar, Mohammad & Mokhtari, Ali & Akwani, Hamdollah & Fatahizadeh, Abuzar(2022) The ratio of technologies of power and governance in the thought of Michel Foucault and Gilles Deleuze, Theoretical policy research,32,169-172.[in Persian]
-Malmiri, Ahmed & Vakilian, Hassan(2016) legislative philosophy; In an effort to improve the law, Public Law Research Quarterly,51,29-54.[in Persian]
-Nash, Keith(2010) Contemporary political sociology: globalization, p]olitics and power, Translated by Mohammad Taghi Delfrooz, , Tehran, , Desert Publications.p15[in Persian]
- Najafi, Mohammad Hasan, (1415), Javaher al-Kalam fi Sharh Shariah al-Islam, Tehran: Dar Lektub al-Islamiya publication.p266[in arabic]
- Nalla, Mahesh K., Don Hummer (1999). Assessing Strategies for Improving Law Enforcement / Security Relationships: Implications for Community Policing.International Journal of Comparative and Applied Criminal Justice (23-2). pp. 227-239
-ghorbani, Mahmood (2000) Conflict management and effectiveness of organizations , Tehran, Tos Research Publications.p64.[in Persian]
-Rosheh, gay(2012), Talcott Parsons Sociology, Translated by Abdul Hossein Nik Gohar, Tehran, Ni publication[in Persian]
-Ritzer, George(1995) The foundations of sociological theories in the contemporary era, Translated by Manouchehr Talasi, Tehran, Ni publication.p34-35.[in Persian]
-Rostami, Vali (2008) People's participation in the legislation of the Islamic Republic of Iran, Journal of Private Law Studies,1,p179-204.[in Persian]
-Simons, John (2011) Foucault and the political issue, Translated by Kaveh Hosseinzadeh, Tehran, Publication of new events.p.118[in Persian]
-Salimi, Ali and Davari, Mohammad (1387), Sociology of Kajrovi, Qom, Hozha Research Institute and Qom University.p136-137.[in Persian]
-Short, Evan (2017) Philosophy of continental social sciences, Translated by Hadi Khalili, Tehran, Ni publication.p225-230.[in Persian]
-Spence, Deborah (ed.) (2016). Improving Law Enforcement Resilience: Lessons and Recommendations (Officer Safety and Wellness Group Meeting Summary). Washington, D.C.: Office of Community Oriented Policing Services.
-Trevino, A, J. (1996). The sociology of law, classical and contemporary perapectives st. New York: Martin,s press.
-Tyler, T. (2001). Trust and Law-abidingness: a proactive model of social regulation. The Australian national university: research school of social science.pp17-33
-United States Department of Justice (2022). Improving Law Enforcement Response to Sexual Assault and Domestic Violence by Identifying and Preventing Gender Bias. Washington, D.C.: United States Department of Justice. (Oline Available in) https://www.justice.gov/media-/1224961/dl?inline.
-WeberŲŒ Max (2005) Economy and society, Translated by Abbas Manouchehri, Tehran, Molly Publications.p341[in Persian].