The Challenge of the Rule of Law in the Era of Neo-Patriarchy in Iran (1920-1979) and the Strategy of General Will for a Rule- Based Government

This article is going to discuss the challenges facing neo-patriarchy in the institutionalization of the rule of law. These patriarchal systems confront several conflicts in the traditional society which has been superficially modernized through authoritarian modernization. These are well manifested in political legitimacy and the institutionalization of the rule of law. This article by using a descriptive-analytical method, addresses the issue that authoritarian modernization and neo-patriarchal structure in Pahlavi era led that nation-state was not shaped on the basis of social contract and a general will envisaging the interests of all people in the society was not created. A gap between the policies pursued by the political system and public interests resulted in the fact that social forces tended to preserve their own class, guild and individual interests and general will was replaced by particular wills and thereby the rule of law faced with a fundamental challenge in the Iranian society. The lack of a social contract based on the general will is followed by interest conflict between the government, social classes and public. Following the challenge of the legitimacy of the neo-patriarchal system, the mass of people resist directly and indirectly against the imposed rules lacking the popular support. Today, this theoretical foundation as a strategic insight can be brought into the attention of the political system in order that it continues its reliance on the general will and prioritize public interests to take steps in the way of establishing a rule-based government entailing the least challenges in terms of legitimacy and legality.