بررسی تئوری اجتماعی حقوق با تأکید بر آرای میشل فوکو

Introduction
Theory represents a specific mode of perceiving the world. It comprises interpretations that inherently cannot be categorized as either “absolutely true” or “purely false” .Throughout the history of civilization,humanity has continuously formulated new perspectives,making it evident that in the persuit of knowledge,one cannot expect to attain a definitive ,final ,and immutable interpretation that leads to “absolute truth”.From this perspective,theories serve as efficient instruments for examining the “social world”.As the foundation of research in sociology and other social sciences,”social theory” is tasked with explaining the nature of the social .Within this framework,the “social theory of law” engages in the theorethical analysis of the phenomenon of “law”within the societal context.This study aims to elucidate the nature of social theory and conduct a precise inquiry into the social theory of law, specifically focusing on the theoretical description and analysis of law from the perspective of Michel Foucault,the eminent 20th-century French philosopher and thinker. 
Methods
Social theories are analytical frameworks or paradigms that are used to examine and understand social phenomena. Since the works of Foucault-a postmodern and post-structuralist philosopher and historian-constitute one of the most significant tools in contemporary social theory for re-evaluating the nature and scope of law and rights –viewed through the lens of fundamental, long-term shifts in the nature of the social –this study employs a descriptive-analytical method and utilizing content analysis of relevant philosophical and sociological texts tries to describe and theoretically analyse the concept of law in society from this prominent thinker’s perspective. The theoretical framework of this study is grounded in fundamental Foucauldian concepts, including “disciplinary power”,“governmentality” ,”normalization” ,and “disciplinary Society”. 
Results and Discussions
Social theory involves the application of theoretical frameworks to analyze macro-social structures. As a normative system, law seeks to articulate, re-evaluate, and systematize the fundamental structures of society, thereby becoming a key subject for social theory. The social theory of law that is a part of “law and society” movement and “socio-legal studies”, encompasses the diverse discourses and theoretical perspectives regarding the role of law in society. The genealogy of social theory of law can be traced to classical sociology and the first sociologists of law. Recently, legal scholars have become incresingly interested in Foucault’s work; indeed, several commentators recognize him as a legal historian who provides empirical insights into the evolutionary of legal systems. According to Foucault, rights are degrees of power that have received social validation, the normative legitimacy of which is justified by the existing historical discourses surrounding the concept of right. He challenges one of the major approaches or paradigms in law and political science, often referred to as the “classical juridical approach” or “contract oppression view”. Foucault contends that the main problem in the “social contract theory” lies in it’s role of legitimizing the sovereign state’s power over individuals, even when a rational justification exists. He posits that in classical legal theory, power is viewed as a “right” that individuals posses like a comodity, which they can transfer in whole or in part through a legal or practical act that creates a right. In this view, power is a tangible and specific right held by individuals, the transfer of which enables the creation of political power or sovereignty. The above theoretical structure is necessarily based on the idea that the creation of political power follows the pattern of a legal exchange involving participation in a contractual transaction. He argues that the classical legal model, while ostensibly claiming to limit state power, actually serves as a mechanism for legitimizing and expanding power; thus, social contract theory essentially deals with “social control” rather than “individual liberty”. According to Foucault, we must seek a new form of right capable of encouraging and strengthening moral self-cultivation. He views “rights” as mechanisms for inducing social change and even creating new forms of society. Foucault describes “rights” as the determinant of the boundaries of public power within a constitution, which is established upon the vested and absolute rights of the contracting parties and exercised through various legal rules. From his view, the primary function of the “theory of rights” from the Middle Ages to the present has been the mere stabilization of the legitimacy of power, which remains the central issue of the theory of rights and sovereignty. Foucault identifies two modern figures,the “Homo Juridicus” and the “Homo Economicus” ,which together present the intricate and complex issue of “governmentality”. He drived the concept of “the normal” from the term “norm”. In his view, a norm is not a concept exclusively limited to the realms of morality, law, or behavior; rather, it represents a comprehensive, all-encompassing , and specifically modern mode of thought.” Normalization” refers to the precise regulation of behaviors in accordance with established and approved standards, which is achieved through what Foucault terms “disciplinary power”.
Conclusion
Foucault asserts that “rights” are an integral part of modern governance and define the precise boundaries of power. In his thought, rights are perceived as degrees of socially validated power. He regards law as the primitive form of power during the classical and pre-modern eras, a position from which “discipline”-as the salient form of modern power-has significantly diminished its former importance and standing. Foucault’s profound inquiries into the tactics of power indicate that the tactics of pre-modern societies were predicated on knowledge/power relations and centered on the paradigm of “law and sovereign”. Foucault’s narrative regarding the decline of law does not, in any sense, signify the decay or total disappearance of law; rather, it suggests the reassignment of law to a secondary and auxiliary role within the modern disciplinary society.