موانع تحقق نظم عمومی در ایران از منظر جامعه‌شناسی کارکردگرای حقوق عمومی

Public order is a concept acknowledged in many legal systems and traditions. Owing to its territorial nature and strong connection with social factors, it is applied across different branches of law. Yet, defining public order—especially in public law—remains a complex task, requiring interdisciplinary approaches such as the sociology of public law. Drawing on the functionalist perspective in social sciences, this study conceptualizes public order as a “general and social arrangement” that reflects the preferences of public authority, producing an outcome that is coherent, coordinated, and unified. Understanding this concept, its components, and the obstacles to its realization is crucial, as public order represents a core rationale for the existence of law and a benchmark for its effectiveness. However, the application of sociological perspectives—particularly functionalist sociology—to public law has little precedent in current scholarship. The study therefore addresses the central research question: What are the main obstacles to realizing public order from the viewpoint of functionalist sociology of public law? To explore this, a documentary method was used for data collection, while the principles of functionalist sociology provided the analytical framework. The study’s primary contribution, beyond offering an interdisciplinary definition of public order, lies in identifying and classifying the obstacles to its realization in Iran into three categories: normative, structural, and behavioral (actional). These include normative (legal) weakness, normative instability, anomie, bureaucratic complexity, structural plurality, and legal non-compliance. By framing public order in this way, the research not only contributes to theoretical development but also offers a practical tool for analyzing barriers, guiding policy design, and strengthening the qualitative components of public order in governance.