A Historical Review on the Social Dimensions of Water Law Adoption in Iran

Document Type : Original Article

Authors

1 PhD Student of Political Sociology, Allameh Tabatabai University

2 Professor, Department of Cultural Studies, Faculty of Social Sciences, Allameh Tabatabai University

3 Assistant Professor of Social Sciences, Shahid Beheshti University

Abstract

This study, using Max Weber's sociological theory of law, intends to examine the trans-law factors that have led to the formulation of water laws in Iran over different periods. Therefore, the political and social factors that have caused changes in the water laws of the country have been studied. The results showed that the most important factor in changing water laws in Iran is water ownership. Prior to land reform, water was privately owned in Iran. But after land reform, water was managed and protected by the government. Although private ownership of water was re-enacted after the Islamic Revolution, the political conditions and goals of various governments led to the development of water resources without regard to private ownership. The results showed that in the formulation of water laws, international factors in the pre-revolutionary period, and political and anti-ecological justice in the post-revolutionary period, were the most important trans-law factors that influenced the formulation of water laws. Since the changes in the laws were not based on the quantity and quality of available water resources, but rather on the political and social conditions, these changes in laws did not lead to sustainability in water resources.

Keywords

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  • Alizadeh A R (2006) Review and critique of Max Weber's ideas in the sociology of law. Journal of Private Law 3(9):101-136
  • Andreas M R (2003) Validity and reliability tests in case study research: a literature review with “hands-on applications for each research phase. Qualitative Market Research: An International Journal 6(2):75-86
  • Aron R (2017) Main currents in sociological thought. Translated by Bagher Parham. Scientific and Cultural Press (In Persian)
  • Black D (1976)The behavior of law. Yale University Press
  • Bryman A (2004) Social research methods. Second edition, Oxford University Press
  • Corbett R J (2009) The question of natural law in Aristotle. History of Political Thought 30(2)
  • Durkheim E (2015) The elementary forms of the religious life. Translated by Bagher Parham. Markaz Press (In Persian)
  • Fayaz Z (2016) Transition to the law on land reform in Iran.  History Research 3(11):91-221 (In Persian)
  • Feyz A R (2005) Foundations of jurisprudence and principles. Tehran University Press (In Persian)
  • Field G C (1969)The philosophy of plato. 2nd ed, Oxford University Press
  • Flick U (2012)An introduction to qualitative research. Translated by Hadi Jalili, Ney Press
  • Guba E G, Lincoln Y S (1989) Fourth generation evaluation. Newbury Park, CA: Sage
  • Hunt A (1983)Behavioral sociology of law. Journal of Law and Society 10(1)
  • Hariri N (2006) Principles and methods of qualitative research. Islamic Azad University Press (In Persian)
  • Iman M T, Aghapour I (2007) Angulation technique in humanities research. Quarterly Journal of Methodology and University of Humanities 13(52):25-43
  • Jafari Nodooshan A A, Shahin A (2020) The legal system of iranian water ownership (Looking at French and American law). Iran-Water Resources Research 15(4):282-298
  • Katouzian N (1997) Basic course on Civil Rights, Property and property. Dadgostar Press (In Persian)
  • Levy-Bruhl H (1991) Sociology of law, translated by Abolfazl Ghazi. Tehran University Press (In Persian)
  • Maxwell J (2004) Qualitative research design: An interactive approache Second Edition, Sage Press
  • Mirnezami S J l, Bagheri A (2018) Assessing the water governance system for groundwater conservation in Iran. Journal of Iran-Water Resources Research 13(2):32-55
  • Mollinga P P (2010) Hot water after the cold war-water policy dynamics in (semi) authoritarian states. Water Alternatives 3(3):512-520
  • Nowruzi Gh A (2019) Reflection on the legal challenges of water ownership in Zayandehrood Basin from a public law perspective. Journal of Public Law Studies 48(4):867-886
  • Rafieerad A A, Mohammadi A (2017) Early modernization school and historical origins of the groundwater resources crisis in Iran: The impact and practice of truman's point four program. Journal of Social Sciences 24(77):195-243
  • Rashidi H (2003) The law of fair distribution of water in the mirror of Iran’ Rights. Dadgostar Press (In Persian)
  • Salehi Amiri S R (2009) Managing ethnic conflicts in Iran. Strategic Research Center Press (In Persian)
  • Sarmad M (1973) Water rights. Volume 1. Derakhshan Press (In Persian)
  • School of Water Tact (2014) Water rights in the Iranian plateau in the context of economic and social developments. first edition (in Persian)
  • Shaygan S A (2018) Iranian civil rights. Merekalam Press (In Persian)
  • Tabatabai M H (1983) Tafsir al-mizan. Tehran: Dar al-Kutb Islamiye, vol. 6
  • Timasheff N S (1974) An introduction to the sociology of law. Greenwood Press
  • Weber M (2019) Economics and society. Translated by Abbas Manouchehri et al., Samt Press