Document Type : Original Research Paper

Author

• F. Daneshvar

Ph.D Student in Public Law, Shahid Beheshti University, Tehran, Iran.

Abstract

The interaction between law and ideology is both complex and contentious. This stems from differences in opinions on the definitions of the two concepts and the various ways in which ideology and law might be related to one another. Moreover, the existing diversity in the literature concerning ideology takes the biggest share of the blame. Hence, to clarify the relationship between ideology and law, one must first do an interdisciplinary study of the existing approaches towards the concept of ideology, as well as its general and specific definitions, and ultimately, the selected definition of ideology must be presented. The theories regarding the relationship between ideology and law may be divided into three categories, namely, autonomy of law, subordination of law to the ideology, and the influence of ideology. Interdisciplinary studies show that the first theory has not been successful in proving the autonomy of law. Likewise, the second theory has failed to address and respond to substantial issues as to its claims. Lastly, the influence of ideology theory has failed to deal with how ideology has been reciprocally affected by law. Nevertheless, the idea advocating the reciprocal relationship between law and ideology, while assuming a particular meaning of ideology, has drawn our attention to the importance of political and sociological factors in understanding law, highlighting the role of law in changes in the prevailing political culture and the dominant ideology in the society.

Highlights

• The interaction between law and ideology is both complex and contentious.
• This theoretical chaos is mainly due to the inconsistent definition of the ideology.
• No inherent characteristic of the law makes it an ideological or non-ideological phenomenon.
• Law and ideology have a reciprocal relationship.

Keywords

• law
• ideology
• autonomy of law
• subordination of law
• influence of ideology
• reciprocal relationship between law and ideology

Main Subjects

• Interdisciplinary
• Law