نوع مقاله : مقاله پژوهشی
نویسندگان
1 بخش تاریخ/ دانشکده ادبیات و علوم انسانی/ دانشگاه شیراز.شیراز. ایران
2 بخش تاریخ. دانشکده ادبیات و علوم انسانی. دانشگاه شیراز. شیراز. ایران
3 بخش تاریخ/ دانشکده ادبیات و علوم انسانی/ دانشگاه شیراز. شیراز. ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abstract
Following the victory of the Constitutional Revolution (1285 SH), the reform and transformation of the judicial system (Adliyeh) emerged as one of the primary objectives and key pillars of nation-state modernization in Iran. To achieve this goal, in 1291 SH, with the approval and ratification of the government and the National Consultative Assembly, Francis Adolphe Perny, a French legal advisor, was recruited and tasked with reconstructing and transforming the structure of the Iranian judiciary. However, in confronting Iran’s judicial structure, Perny faced numerous institutional and social challenges. The present study seeks to answer the following question: What institutional and social obstacles or challenges influenced Perny’s reform efforts within Iran’s judicial system? Furthermore, on what foundations was his approach and methodology in this process of reform and change based? The findings of this historical research, conducted through a descriptive-analytical method, indicate that Perny’s reform initiatives encountered three layers of fundamental challenges. These included the structural conflict between the Sharia-based and customary legal systems, the geopolitical rivalries of foreign powers in Iran, and the lack of confidence or skepticism among segments of the political and social elites regarding the efficiency and effectiveness of his measures. Given that his approach to reform and change was primarily based on the translation and modeling of French formal and substantive laws, these challenges were significantly intensified. The data and information for this study were gathered through library research and by utilizing primary sources, including the proceedings of the National Consultative Assembly
کلیدواژهها [English]
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