پیامدهای شکاف عظیم بین قوانین و کنوانسیون
What are the consequences of the huge gap between the laws and conventions?
Perhaps, one of the most important issues around the world is the huge increasing gap between the laws and conventions. A myriad of scholars in liner or nonlinear dynamic systems discuss this complexity controversially in order to explain how crucial it is to consider such an Armageddon regarding its so-called fatal consequences.It is not hard to say about highly tangible rests influencing people of all walks of life. First of all, it is crystal clear to understand such a relationship via focusing on two main kinds of legislation is vital. In the terms of the law codification method, law makers lave codified the current customs and conventions including tabbies, totems, unwritten rules and cultural elements like indigenous cultures in national or regional parts, throughout acknowledging theming long or short terms and collecticting them in a package of approved law. Finding of law samples explain this produce is not hard. While it is culture bound, it represents legal aspects more. For example, in Iranian civil and family laws, his band must pay his wife s life fees including food, medicine, monthly. Clothes, education, and so on. Such a must is extracted from Iranian conventional norms originated from Islamic attitudes.
On the other hand, the laws make new financial, political and legal rules, individual and social norms or official and governmental orders so as to both regulate the relationship among people, person by person, and make an actual and a deep atmosphere for their societies as a whole. The vast range of acts regarding anti-national security crimes and offences criminalized by governments are obvious both functions have been tried and upgraded in the whole of the human history as well as stabilized as a uastiyagreed attitude experienced many times in all legal activates by public players or private sectors in national, regional and in ternational scales. What is of significant valve to take into account is both developing or codifying laws and regulations mentioned above should be extracted from social necessities. Even if a regulation comes due to making a necessary individual or social orders excluded what has been extracted from conventional items, and even if no root is found in current customs, it must be justified by such social necessities.
No one is to neglect and overpass the serious problems in applying laws never made by real social needs, where as it is easy to nominate authors and legal scholars to a silly procedure confirming legalization pf individual conducts just by daily necessities without social vastly accepted cultural beliefs. To defend this mentality, the prohibition of using receiver satellite devices in Iran criminalized as a serious crime and with more than three jail punishment shows this criminal order has not been respected and has been ignored extremely by the vast majority of the public. That is the result of the legalization against an actual individual and social necessities is the normalization of this issue in Iranian community. Consequently, the first and foremost reflection against such an incorrect policy is to disobey the laws. The meaning is to make and grow anarchism in a community. Meanwhile, the states push more pressure to apply the non-socio-based laws and governmental orders by police activities or even either to criminalize them more or design intensive punishment. In addition, the sense of respecting laws and regulations has lower rate of increase, even possibly stopping and then decreasing. The result is clear. The hidden danger is collapsed. Therefore, danger events are to have a criticized legitimacy of the government. Hence, the definite and dire consequence is the elimination of the government legitimacy.
Having cited above points, I strongly believe in the idea that it law comes to regulate individual and social relationship and the citizen’s conducts. Therefore, The greatest goal is achieved when lawmakers look at customs and real needs in their societies with an actual view .They are here to serve people and the people deserve to be served well.