mahmood mortezaeefatd; ali bigdeli; alireza ali soofi
Abstract
During the Naseri era, both Amir Kabir and Sepahsalar had reforming plans
for the judiciary system. The most significant challenges of their administration
period included the religious versus conventional courts, the extent to which
clergymen could intervene in judiciary affairs and a change of attitude ...
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During the Naseri era, both Amir Kabir and Sepahsalar had reforming plans
for the judiciary system. The most significant challenges of their administration
period included the religious versus conventional courts, the extent to which
clergymen could intervene in judiciary affairs and a change of attitude in the
scope of judiciary affairs. This study has investigated the relationship between
these two reformative plans. The results indicates the major reforms
implemented by Amor Kabir as follows: the reformation of the religious court,
establishing the court of justice (house of justice), revoking the convention of
sanctuary and a pay cut for the clergymen, whereas Sepahsalar executed the
following reforms: publishing the guide booklet of the judiciary power's court
house, enacting laws to support the proletariat rights, restricting the ruler's
authority and creating a new judiciary structure. Both reformers tried to
strengthen the conventional court against the religious court. It seems that,
regardless of similarities, they were following different approaches. Amir must
have intended to perform justice through some reforms influenced by Occidental
trends, whereas Sepahsalar tried to use the law as a driving force for other
sectors of the society to move toward development.
