CEU Electronic Theses and Dissertations, 2017
Author | Javadi, Reyhaneh |
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Title | In Search of a House of Justice: Competition for Monopoly of Right in the Emerging Juridical Field in Iranian Constitutional Revolution (1906-1911) |
Summary | Comprehending the boundaries and barriers of an autonomous judicial field requires understanding the players and the language of the field as well as its intertwined relationship with the field of power. Applying Pierre Bourdieu’s account (1987) in the juridical field, I explore the competitions of the intellectuals and ulama [high-ranked religious figures] for the monopoly of right for defining the text of the law in the emerging juridical field amidst the Iranian Constitutional Revolutionary Movement (1906-1911). By reviewing the writings of intellectuals, the parliamentary debates, and the text of the first constitution (1906; 1907), I address the scholarly gap regarding the role of revolutionaries’ demand for a House of Justice in the formation of the juridical field. Accordingly, I answer the question how the interactions and competitions of the players of this movement affected the juridical field in early 20th century by influencing the constitution through the claim for the House of Justice. This thesis contributes to the scholarly understanding of the power relations in modern Iranian history by explaining the relationship between the revolutionaries’ demand for the House of Justice and the process of exclusion within the text of the constitution. My findings shed light on the failure of the formation of an autonomous judicial power, as one of the demands of the revolutionary movement; due to the different understanding of intellectuals and ulama’s of a House of Justice -as a legislative or judiciary institution. Consequently, this different understanding forms the actual text of the constitution as the main subject of struggle over the monopoly of right in the juridical field. Using the language of sharia by the intellectuals for advocating modern notions such as the rights of the nation resulted in a weaker position of the intellectuals while the symbolic capital of ulama in the field of Islamic Knowledge enabled them to oppose the claim for the right of the nation and to impose the sharia into the constitution. |
Supervisor | Fabiani, Jean-Louis; Rajaram, Prem Kumar |
Department | Sociology MA |
Full text | https://www.etd.ceu.edu/2017/javadi_reyhaneh.pdf |
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