فصلنامه دولت پژوهی
پیاپی 1 (بهار 1394)

Brushing aside the development of conceptual elements of Iranian and Chinese cosmologies, as yet we can generally specify their certain identity as a system. The main question is that what kind of relation has there been between political theory and metaphysical foundations in ancient Iran and China and how can we conceptualize this relation? Chinese Cosmology: In Chinese cosmology, the universe is the kingdom of dynamics, vital force and spiritual theme and its values incline toward the good. The good has its origin in God, being or nature. However, there needs human attempt for its achievement. In one of the first ideas of Chinese cosmology, the universe consists of nine elements. The eighth element includes various signs which elaborate on King’s duties and guides him. The untimely emergence of signs is an alert to king so that he change his behavior. Harmony and balance are the main aspects of Chinese cosmology. This principle implies that all forms of individual life should be considered valuable. The complete fulfillment of our being and of other beings is possible in regard with fairness, justice and unselfishness. This principle implies total equality of all forms of individual life and maintaining its life and dignity in all forms. This means that all of them are entitled to be treated with kindness. Iranian Cosmology: There is some form of cosmic circle in Iranian cosmology which involves the conflict of good and evil. This conflict ultimately leads to the conquest of good over evil. In fact, the higher stage of human perfection and is accomplished in Resurrection. The cosmic circle in Iranian cosmology leads to Resurrection and perennial annihilation of evildoers, and the rule of Ashe and the ultimate kingship of Ahura Mazda. In this cosmology, The King is considered the chosen of heavenly gods. The king considered himself as director of gods’ affairs. Therefore, the kings can attempt to set up justice. Also, in Iranian beliefs, there is an interesting parallel between social degrees and cosmological hierarchies. Mitra and Verone were the symbol of religious caste, Indere the symbol of warriors caste, and Nasite the symbol of producers caste. Of course, in old Chinese myths, the system of social configuration had a divine dimension too. In one of old Chinese myths, humans which is composed of yellow clay turn into nobles, and humans which is composed of dust turn into the people. The Iranian dualistic thought involves the conception of the promised man and political leader as a authority which is connected with Resurrection. But, Chinese thought is monistic the evil forces don’t have a fundamental status in it. In Chinese wisdom, political leadership belongs to the learned the learned leader doesn’t have an status in Resurrection and final deliverance.

The progressive changes in nineteenth century led Iranian governance to the distribution of absolute political power. It meaningfully was a minimal cession of the traditional authority of the king institution and its power that could be accomplished either conscientiously and non- conscientiously. This article has been based on this assumption: seeking for and pursuing improvement of the undesirable conditions, and generally, looking for "progression", need to accompaniment of two agent, both the political system (government) and scientific (intellectual) efforts. Basing on that assumption, in this article, we are going to show and demonstrate the government's roles and practices, to achieve the "progression". Undoubtedly, we can’t pursuit our goal with a mere glance on, and a superficial research about the nineteenth century evolutions. In another hand, no government likes to divide its unification and has no tendency to reduce its traditional capacities. Any changing, and any movement to modern "progressing", especially at the first stages, can’t be a continuous and permanent process without the government's supports and interferences. But, whereas in the primitive stage to modernization, the old administrative system (bureaucracy) is one of the original and elementary obstacles, every prosecution to modernization of the society and state is depended on the proportional changes in the government by itself. Problematically, in traditional Iranian state, the King was the "Zhellollah" (the God's shadow); it means that, the King had the topmost place in the hierarchical pyramid of power; in fact, the Kingdom as a traditional, legal and accepted institution in Iran was the comprehensive and fully qualified status of power. Thus, wherever this powerful institution is the most important bearer for modern "progress", its unified, centered and integrated authority has been effected by the uncharitable and serious element of modernity. We are looking to confirm and verify this claim in this article. To access such goal, we need an approach which can be explanatory; so, we need the Genealogy method of Michel Foucault. Genealogy approach can nicely and deliberately explain the coalition of the government's unconscious operation and conscious function in studious unit. We will show that such combination has been done within a complete coalition of awareness and non- awareness. It was full of awareness, because the general will of the government was going to accept emblems of western-modern changing, to adapt and perform it in the traditional society of Iran. So the government attempts to do it by itself. But it was higher than traditional King’s efforts and capacities. The government made decision to distribute and cession parts of its power just for ongoing social changing. The non-conscientious or undesired conclusion of power dispersion in the politics area was the genesis of a will to establish a constitutional government. In fact, the extensive portion of this matter was not only the consequence of intellectual or thinking pioneers efforts but also was a production of the government progressive actions.

In past decades of Iran, we have been witnessed a controversial disputes over nature of the state and its functions. After Islamic revolution, a new kind of statism was established upon a vague idea of the state. This vague and even contradictory idea of the state influenced reconstruction process of political system through defining institutions and organizations, and also policymaking processes. This ambiguity not only has resulted in some undesirable social, economic and cultural consequences but also has made difficult any critical evaluation of such institutionalization and policy making. Because of some ambiguity in defining of what is the state and what it must do, criticizing and evaluating of the state in Iran is difficult. Considering very important role of the state in social life and such enduring disputes, purpose of this article is conceptualizing the state according Weber’s outstanding definition: the organization which monopolizes legitimate violence over a given territory. In other words, it aims to argument for Weberian definition of the state through analyzing this definition. Methodologically, we use thematic analysis method for identifying essential features (or necessary conditions) of the state as a kind of institution. Based on such analysis, this article’s finding is that the state is a “special political institution”. Accordingly, first of all, the state is a kind of institution like other institutions that societies construct and reconstruct for guarding and improving social life through defining and enforcing rules. Secondly, this institution is not just an institution but a political institution that principally and mainly deals with political power. Being a political institution distinguishes the state from other social institutions that are not political. Moreover, this political institution is a special kind that deals with political power in a special manner. This feature distinguishes the state from other political institutions like gangs. Alternatively, the state uses political power or violence territorially (or in a given territory), exclusively (by trying to prevent others from any kind of using violence) and legitimately (by claiming such legitimacy). So, firstly and principally, the state is a political institution not an economic or cultural. Such findings may be very important for settling down controversial disputes over functions of the state in societies like Iran and especially for arguments against defenders of such vague statism. By resorting to such conceptualization, we can reveal ambiguities and even contradictions in official positions concerning nature of the state and its functions in Iran. In more concrete level, such a perspective will be helpful for evaluating and criticizing general and special policies originated from such a vague statism. For example, from this perspective, we can criticize economic and cultural policies that takes its legitimacy from a vague and even contradictory definition of the state. In addition, introducing this idea of the state will have cultural effects and will provide a very useful different perspective for ordinary people. If we accept that the state is first of all and principally a political institution for securing security by ordering force and political power using, legitimating of statism will be more difficult.

The purpose of this paper is to explain concept, nature and features of the state and the political system in Allameh Shahid Sayyed Mohammad Baqer Sadr’s thought. Among contemporary Emami thinkers, he is one of the thinkers that examined the question of the state with accuracy and attention to the principle of human nature, spirituality and Islam. He believes that it is inevitable for man and is the basis for civilization. He also explains the government due to the major crisis of contemporary human which he calls it crisis of social and political system. Therefore it is important for us to investigate his theory. From belief in monotheism, divine justice, and human dignity Sadr derives three maxims: the absolute sovereignty of God over the world, human freedom and the need to devise collective destiny of man by himself. But the result of the acceptance of these three principles is "caliphate" and succession of man on earth instead of God and its political dimension through the formation of "state" which is undeniable due to requirements of human society. So the main question of this paper is that in political thought of martyr Sadr, what is the state and does it have any status? In response to this question, I study his theory about the state, on the basis of the logical reconstruction of the formation of thoughts. Methodology of this paper is logical reconstruction and analytical explanation, with regard to the question of nature and features of state theory in his thought, for presenting his theory in a coherent and logical format. On this basis, by reviewing his works, we find that in thought of martyr Sadr the state is a human and historical necessity that in its complete form is manifested in the Islamic state. So, the Islamic state is a religious necessity for realization of Islam and is a civil and civilizational necessity to bring people to perfection and well-being which is based on the principle of human nature and Creation and his needs.

rpose: Contemporary international law has faced many new challenges. The expansion of modern objects as State-terrorism and the growth of new subjects such as new actors could be considered as some recent aspects of this evolution. In this framework the event of non-state actors because of some problems has changed the allocation of rights and duties and the balance of power between different actors in international community. Although in this environment, the states are still the most significant component of international law and international relations, the modern phenomena could cause new conceptions. The most widely accepted source for definition of statehood is the Montevideo Convention of 1933, which includes the traditional preconditions. According to this convention there are four criteria for States such as a permanent population; a defined territory; government; and the capacity to enter into relations with other entities. The purpose of this article is to focus on the different elements of a State and to answer the question whether DAESH could be considered as a State in international law? And Whether DAESH could expand its legal personality in order to be considered as a State? Design: To answer the main challenges of this essay, it will break up into sections; first, after examining the elements of states in accordance to existing documents and recent practices of various actors, we will consider DAESH, the foundations and the structural basis of creation and its practice in international law. In this section, we will also examine the capabilities by which DAESH may obtain a modern position in international relations. Second, we will consider the characteristic features of DAESH including violation of some fundamental principles of international law such as human rights and humanitarian law. Third, we will scrutinize the role and the responsibility of others before DAESH. In this section, the situations by which international community could overcome the challenges of this new actor in the best manner may also be examined. Finally we will explain the resolutions and the documents issued by some competent organizations such as some human rights organs and also the United Nations and especially those of the Security Council in condemnation of international and domestic practices of this group. Many international rules and principles have been violated by DAESH in Syria and Iraq. Some reports and comments by human rights commissions and non-governmental organizations show that DAESH has committed many heinous acts such as murder, extermination, slavery, deportation or forcible transfer, torture, grave breaches of the Geneva Conventions and other rules of international humanitarian law. Many of the crimes could be considered as those criminalized by International criminal court as the crimes against humanity, war crimes and genocide. Taking a look at some recent resolutions of the Security Council and paying enough attention to the international and domestic practice of DAESH are some legal facts to prove the premise of this query.

The main question of this paper is that why capitalist welfare state faces crisis. This question will be discussed from Claus Offe’s point of view. The method of this research is documentary research. Therefore Claus Offe and other main theorists’ books and articles, like Martin Carnoy, John Keane, Clyde Barrow and Leon Lindberg are used for explaining Claus Offe’s opinions. For Offe, in capitalist societies the state develops in response to periodic crises arising from the basic contradiction in capitalist production: the increasing socialization of production and continuing private appropriation. These crises give rise to development of adaptive mechanisms both internal to the market (oligopolization and monopolization) and through expanded state functions. Offe sees the state as a mediator of capitalist crises or as a crisis manager. In this context, he addresses two fundamental issues: First, what is the relationship of the state to dominant capitalist class, that how it is guaranteed that the state will represent the social interest of capital, while at the same time appearing to be a neutral arbitrator of competition among capitals and between capital and labor. Second, what are the limits imposed on the state's crisis-management functions by inherent necessity to reproduce capitalist relations of production. Findings of this article are that: Claus Offe rejects two principal theories of the class nature of the state: instrumentalism and structuralism. Offe believes that any particular state policy, serves a particular interest of the state, rather than the class interest as a whole. The capitalist state must and will fulfill four functions to reproduce itself. This is what guarantees its class-specific selectiveness. These four functions are: First, the state cannot order production or control it. State cannot initiate noncumulative production in private enterprises. Second, the actors of the state apparatus depend for their survival upon resources derived from the private accumulation process. Third, the state therefore not only has the authority but the mandate to sustain and create conditions of accumulation. Finally, the state has to conceal and deny the three above functions. These contradictory functions will lead to crisis of the state. Offe's capitalist state cannot resolve economic crises in a permanent way. Although called upon to intervene in the capital accumulation process in a way that will preserve capitalist relations of production and willing – through its own institutional interest - but to do so, it is beset by the interests of individual capitalist obstructing this intervention, and by the demands of the working class and other labor constituencies on whom it relies for its source of power. The state is constantly trying to fulfill its capital accumulation function while maintaining its legitimacy. The contradiction – the functional need to pursue systematic needs of an economic and power structure which successfully resists the fulfillment of those needs - explains why reformist policies of the capitalist state seem to display the cyclical pattern of motion in which no point of balance, compromise or equilibrium is arrived at.

Technology of power in political arena changed after Constitutional Revolution. Before this event, governmentality was operating according to despotic system in reality and writing mirror of king in thought for controlling traditional absolute power. Iran in Qajar dynasty experience was under the old method for policy making and ultimately this process resulted in decline. Authoritarian political culture in state and among nation caused failure and thereafter defeat from Russia, losing lands, and increasing protestations of people. At the same time with criticizing traditional political thought, new technology of power became possible. In this paper, I try to analyse method of political thinkers in Iran who drawing world-viewing power mechanisms for transition and reforming authoritarian system. For this aim, I choosed two important and influential pioneer in constitution revolution: Mohammad Ali Foroughi Zoka-ol-Molk and Mirza Mohammad Hussein Na`ini that could design new shape of governmentality in contemporary political history of Iran. For content analysis that are indicators of mechanism of technology power and element of constitutional gornmentality, I refer to the case study text book Constitutional Etiquette Foroughi and Tanbyh-ol-omah va Tanzyh-ol-melah Naini. Method and theory: Methodology of this research for qualitative analysis of propositions of these two texts is phenomenology. This qualitative method has helped me to close to my subject and focus interpretive understanding toward two thinkers from the comparative perspective old and new power technology. The theoretical framework is governmentality. Governmentality means that thinking about power or technology of power that state applies to subjection and controls citizen. In every age and all state we can see different governmentality. Three types include: authoritarian traditional, mechanic modern and information postmodern. In the traditional governmentality court of king was important resource for policy and politics is personal affair. Epistemological knowledge is abstract to advice characteristic leadership. There is huge gap between objective and subjective or between means and goals of politics. The result of this process is isolation and failure political thought. In the modern and mechanic governmentality, we see the relation between subject and object of politics. Consequence of this event founded bureaucratic state for regular resource, currents and processes of politics. All forms of governmentality used production, distribution and increases power for applying and limiting the art of government. In this theory, politic is art, act and technic for regularization, formulation, institutionalization human behavior. for proving the hypothesis of the transition from authoritarian state to mechanistic one, I refer to two main and influential political text from Foroughi and Naini. Form and structure of state in Iran affected the type of constitutional governmentality in the end of Qajar dynasty. Foroughi with technical, exact and detail writing about law and policymaking in state constitution introduced modern formula of state into Iranians and familiarized mind of elite Iranians with mechanical state. Naini, writing about coexistent mutualism between mechanistic state and new narrative of Islam politic, tried to stimulate big clergy Shiite to think of new mechanical state.