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Welcome to the Iran 1400 Project
podcast, where we explore the 

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past, present, and possible 
futures of Iran through informed

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dialogue, independent thought, 
and diverse voices. 

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From historical insight to 
emerging narratives, we connect 

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ideas to action in the pursuit 
of a more just, inclusive, and 

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forward-looking society. 
Join us as we rethink Iran's 

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trajectory, one conversation at 
a time. 

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OK, let's unpack this. 
When we talk about justice in 

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Iran, it's more than just the 
legal stuff, right? 

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The laws, the courts. 
Absolutely. 

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It's always been deeply tied 
into, well, power dynamics. 

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Who's in charge? 
Who gets to define what's fair? 

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I don't know what that actually 
means for society. 

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Exactly. 
And it's a concept that's really

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shifted quite dramatically over 
the centuries. 

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Our sources today help trace 
that history. 

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It's fascinating and often 
pretty turbulent. 

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So our mission here is to follow
that evolution. 

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How the whole idea of justice 
and the reality of it has been 

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used may be sometimes I've held.
But often bent or even broken. 

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Yeah, from way back ancient 
traditions right up to the 

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challenges around faces now. 
And importantly, what these 

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sources might suggest about, you
know, reimagining justice moving

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forward. 
We'll take a journey starting 

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when justice was very local, 
sort of ad hoc, then through 

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attempts to build a national 
system, a state system, and then

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into the really radical changes 
after the 79 revolution. 

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And all along, how did this 
affect people, their trust in 

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the system? 
And the sources, they don't just

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list the problems, which is 
interesting. 

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They actually propose something 
quite compelling, this idea of 

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justice not just as law or or 
punishment, and not. 

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Just rules from above. 
But as civic infrastructure, the

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essential foundations, that's 
the. 

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Core idea, the ethical 
conditions really, that people 

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need to cooperate, to build 
trust, just to live together 

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with dignity. 
And this concept, Arim Hassami 

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explores it particularly well in
the material. 

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It suggests looking back 
actually. 

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And Iranian traditions. 
Yeah, deeper traditions. 

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They might offer clues for 
building a future where justice 

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is, you know, foundational part 
of society's bedrock, not just a

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state tool. 
So this deep dive, it's really 

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your shortcut to understanding 
why justice has been such a 

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battleground in Iran's history. 
And why thinking about it today 

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as a civic necessity, why that's
so vital? 

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OK, let's jump in. 
All right, so let's start that 

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journey. 
Late 19th century, the Kajar 

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era. 
What did justice actually look 

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like then? 
On the ground, well, the sources

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paint a picture of 
fragmentation. 

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It was incredibly fragmented, 
meaning there wasn't one single 

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clear legal authority. 
You had justice being handed out

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locally, sometimes by landlords,
sometimes tribal chiefs, 

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sometimes religious clerics in 
the shorist courts, you know, 

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following Islamic law. 
And then you also had royal 

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officials in the Earth courts 
dealing with customary stuff or 

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state matters. 
So like parallel systems? 

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Almost, Yeah, but messy. 
Very messy, less parallel, more 

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like a patchwork quilt. 
And there was this constant 

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underlying tension between the 
religious authorities and the 

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state's power, right? 
So for an ordinary person, 

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getting justice often really 
depended on, well, who you were,

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your status, your money, your 
connections. 

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Predictability wasn't really a 
thing then. 

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Or equality. 
Very hard to come by. 

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Yeah. 
That lack of standardization, 

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that lack of a central 
authority, it just bred a sense 

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of arbitrary rule you can 
imagine. 

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Definitely. 
Were people trying to change 

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this back then? 
Even that early? 

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Oh. 
Yes, the sources mentioned 

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efforts, attempts to bring in 
legal reforms, modern legal 

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training, but they hit a wall, 
significant resistance because 

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the people holding power in the 
old system, certain clerics, the

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landed elites, they saw these 
changes as a direct threat. 

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To their influence. 
To their influence exactly so 

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the key take away for this 
period, justice functioned more 

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like personal negotiation, 
personal arbitration vulnerable.

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To who had the upper hand? 
Totally. 

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And it lacked any real civic 
coherence, no unified sense of 

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legitimacy across the board. 
OK, that fragmented picture 

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really makes the 1906 
Constitutional Revolution seem 

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like a massive shift. 
Then what was the vision for 

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justice there? 
It was huge. 

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Iran's first big push for state 
governed by law based on a 

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constitution, It fundamentally 
changed the terms of the debate 

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away from arbitrary rule towards
legal rights. 

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A huge conceptual leap. 
Massive. 

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The Constitution actually set up
a formal judiciary, a separate 

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branch of government that was 
radical for the time. 

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So the idea was national courts 
moving towards laws written 

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down, codified. 
Precisely, and a real effort to 

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create secular legal codes. 
They looked to Europe for 

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models. 
French law was a big influence 

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developing the Iranian Civil 
Code later on that was a major 

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step defining processes, rights.
The sources talk about a 

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professional legal class, 
emerging institutions like the 

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Bar Association starting up. 
But did that old system, that 

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dual authority, just vanish? 
No, not overnight, not 

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completely. 
The religious courts, they kept 

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significant sway, especially 
over things like family law, 

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which just shows you the 
enduring power of the clergy. 

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So while the direction was 
definitely towards 

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modernization, secularization, 
that tension, that pull between 

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modern legal ideas and 
traditional clerical authority, 

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it didn't go away. 
It remained a major challenge. 

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So the Constitution promised 
national justice, but it was 

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still kind of caught between 
these competing powers. 

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Exactly. 
Limited by these competing 

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claims to sovereignty, you could
say. 

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OK, let's move forward then. 
The Polavi era, particularly 

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under Reza Shah, What's 
happening with the judiciary? 

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The sources suggest a total 
rebuild. 

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Oh it. 
Was drastic a complete overhaul?

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Reza Shah wanted a strong 
centralized state and secular, 

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so he systematically moved to 
bring all legal authority under 

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the state umbrella clerics 
removed from judicial posts. 

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Replaced by. 
Replaced by judges trained in 

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modern law, state approved law. 
By the 1930's, the religious 

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courts were either formally 
abolished or basically stripped 

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of most of their power. 
So building a hierarchy of 

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courts, standard procedures, 
formal training for judges, I 

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mean, on Pedro, that sounds like
a modern system. 

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It looked like it, yeah. 
And that professionalization 

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continued under his son, Mohamed
Reza Shah. 

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They tried to push state law 
out, even into rural areas. 

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I sense a butt coming. 
There's a. 

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Big butt. 
The sources really emphasize 

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this. 
Despite the modern structure, 

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the judiciary remained heavily 
dependent on the state, on the 

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Shah's political will. 
Dependent in what way? 

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Was it not really independent? 
Oh, that's the crux of it. 

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It wasn't designed to be truly 
independent. 

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It wasn't there to act as a 
check on state power. 

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It became more of a tool 
implementing the state's agenda 

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and, crucially, suppressing 
political opposition. 

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I see. 
And because it lacked that 

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independence, that political 
accountability, because the 

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public didn't genuinely trust it
as impartial, this seemingly 

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modern system, it never really 
put down deep roots of 

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legitimacy. 
The take away Justice took on 

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this modern bureaucratic form. 
Rational. 

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Maybe. 
Bureaucratic rationality, yes, 

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but it fundamentally lacked 
civic trust that buy in needed 

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to make it truly resilient. 
And that lack of trust that sets

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the stage for the massive 
upheaval of 1979, the Islamic 

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Revolution. 
This wasn't just reform, was it?

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This was a total transformation,
ideologically, structurally. 

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Absolutely complete 
transformation. 

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You had revolutionary tribunals 
popping up basically replacing 

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the existing courts overnight. 
The new constitution and 

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declared flat out all laws must 
conform to Islamic principles, 

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specifically she jurisprudence. 
The whole judiciary was 

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restructured, put under the 
supervision of clerical 

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authorities, clerical judges 
appointed. 

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And they brought in specific 
Islamic legal concepts like 

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kisses. 
Yes, kisses. 

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That's retribution. 
Sort of an eye for an eye, 

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though more complex than that. 
Had punishments. 

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Those are fixed, often severe 
penalties for specific crimes 

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defined in religious texts and 
tazir discretionary punishments 

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where the judge decides based on
Islamic guidelines. 

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So these became the guiding 
principles. 

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They became foundational for the
legal framework. 

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Now there are elements, you 
know, provisions for 

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forgiveness, compensation, 
things you could maybe see as 

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restorative in a sense, right? 
But the overall process of 

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justice became increasingly tied
to ideological interpretation 

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and state control. 
And what did that mean for 

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things like due process legal 
protections for defendants? 

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The sources are pretty clear on 
this. 

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They were significantly 
compromised. 

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Seriously undermined How so? 
The judiciary became really an 

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integral part of the new state 
machine, often used to enforce 

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ideological conformity to 
silence opposition. 

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The Bar Association lost its 
independence and the rights of 

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defendants, especially if you 
were a political prisoner or a 

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woman or from a minority group, 
were severely cut back. 

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So this era frames justice as 
divine discipline. 

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Divine discipline? 
Yeah, that was the framing. 

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But in practice, rigidly 
ideological, often inconsistent 

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and highly politically applied. 
That whole history, wow, It 

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really does set the context for 
the current situation, which as 

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you said, our sources describe 
pretty bluntly a system in deep 

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crisis. 
They really do. 

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That initial promise of Islamic 
justice after more than 4 

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decades now, the sources argue, 
it's been significantly eroded, 

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worn down by politicization, by 
repression. 

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The judiciary, often seen not as
independent, not as a public 

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service. 
As a tool primarily serving the 

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regime's survival, that's the 
perception described. 

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And you see the results, right? 
Right. 

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Sources point to them. 
Lack of transparency in trials, 

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arrests and verdicts that seem 
politically driven. 

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Lawyers getting harassed, even 
jailed just for defending 

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certain clients. 
And tragically, these incredibly

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high execution rates. 
All flagged in the sources as 

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symptoms of this crisis. 
The language of justice might 

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still be used by the 
authorities. 

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But it rings hollow for many. 
Widely viewed as hollow, yes. 

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And maybe the most critical 
point the sources make is about 

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how ordinary citizens experience
the system. 

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How? 
They feel it. 

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Exactly, it's not seen as a 
place you turn to for fairness 

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for getting a wrong righted or 
settling A dispute impartially. 

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It's seen as something else. 
Often perceived as a mechanism 

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of fear of control. 
And that brings us right to that

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core idea for today's deep dive 
justice seen as this monopolized

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state function detached from the
people, from legitimacy, from 

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ethical trust control without 
consent. 

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That detachment is absolutely 
key, because when that link 

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breaks down the link between 
justice, public trust and the 

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whole social contract, it has 
profound consequences for 

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stability, for cooperation, for 
the basic health of society. 

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OK. 
So we've traced this difficult 

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history leading to this present 
crisis pieces of trust. 

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But as you mentioned, the 
sources don't just leave it 

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there. 
They offer a different path, a 

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different vision. 
This idea from Aram Hassami 

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Justice as Civic infrastructure.
What does that actually mean? 

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Like. 
Practically, it's a really 

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powerful shift in thinking 
instead of seeing justice 

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mainly, as you know, laws 
enforced by the state or. 

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Is just an ideology. 
Right. 

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Hassami suggests viewing it as 
something more fundamental, a 

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civic ethic. 
Think about like the invisible 

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networks that make a city work. 
Plumbing. 

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Power grids. 
Exactly. 

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The things you don't see but 
rely on. 

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Justice, in this sense, is the 
ethical plumbing or wiring that 

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allows society to function, to 
cooperate, build trust, that 

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engage in dialogue. 
And ensure people can just live 

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with basic dignity. 
Precisely. 

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It's not only about the courts 
and laws, but about the 

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underlying ethical conditions in
society that make fairness even 

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possible. 
So fostering mutual 

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responsibility, transparency, 
not just as legal rules, but as 

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like deeply held value. 
As civic values, yes. 

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And the sources argue, this 
isn't some totally new alien 

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idea for Iran. 
It connects to deeper roots. 

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You mentioned historical roots 
earlier, like the ancient 

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Zoroastrian idea of Asha. 
Yes, Asha, it represents this 

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fundamental concept of moral 
order, truth, righteousness, 

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something believed to structure 
the whole universe and human 

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life justly. 
Then in Shi Islam you have idle 

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justice. 
It's a core attribute of God, 

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but also a human duty, 
connecting divine justice to how

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people should behave. 
And even in sort of newer values

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00:12:50,120 --> 00:12:53,200
based traditions that emerge 
from the 19th century onwards, 

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00:12:53,480 --> 00:12:56,240
there's often this emphasis on 
justice as a principle that 

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links your personal integrity to
the well-being of the whole 

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community. 
Social Prosperity. 

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Like the Baha'i perspective 
mentioned in the materials, 

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framing justice as the moral 
foundation needed for collective

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life, connecting individual 
dignity and the prosperity of 

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everyone. 
These different threads across 

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centuries, across belief 
systems, they all point to 

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justice being fundamental not 
just to law but to social order,

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to human flourishing. 
The sources also bring in Abbas 

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00:13:25,120 --> 00:13:28,360
Amanat's analysis here, 
suggesting that the breakdown of

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independent justice often 
happens because of those 

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unresolved tensions, religious 
versus state authority and the 

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erosion of public trust. 
And if people today are calling 

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for azadi, which means liberty, 
freedom but carries that deeper 

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sense of dignity, then justice 
understood in the civic 

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infrastructure way, is like the 
necessary framework to actually 

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support that dignity. 
That's the connection being 

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00:13:49,640 --> 00:13:51,400
made. 
It's about shifting the lens 

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00:13:51,840 --> 00:13:54,080
from justice as the state's 
monopoly. 

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To justice as a basic condition 
for a healthy, functioning 

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society. 
OK. 

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So if that's the vision justice 
as civic infrastructure, how do 

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the sources suggest moving 
towards it? 

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What would that look like in 
practice? 

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00:14:07,000 --> 00:14:08,960
Well, they outlined some key 
components. 

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First, building genuinely 
independent judicial 

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institutions. 
Really independent. 

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00:14:14,080 --> 00:14:15,080
Crucial. 
Absolutely. 

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00:14:15,400 --> 00:14:19,480
Second, ensuring equal access to
justice and fair due process for

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00:14:19,480 --> 00:14:22,680
everyone, regardless of their 
status, their beliefs, anything.

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00:14:22,720 --> 00:14:25,520
Universal Access. 
Yes, and 3rd, cultivating A 

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00:14:25,520 --> 00:14:27,960
broader culture of fairness and 
transparency. 

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00:14:28,120 --> 00:14:29,320
This isn't just about 
courtrooms. 

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00:14:29,320 --> 00:14:31,280
What's wider than that? 
Much wider it's about 

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00:14:31,280 --> 00:14:34,840
interactions in daily life and 
how government offices work and 

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00:14:34,840 --> 00:14:37,440
public discussions and how 
people treat each other. 

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00:14:37,600 --> 00:14:39,800
And this all links back to that 
idea you mentioned earlier, 

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civic ownership. 
Fundamentally, the argument in 

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00:14:43,080 --> 00:14:46,200
the sources is that justice 
can't be truly effective or 

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00:14:46,200 --> 00:14:49,800
legitimate if it's seen as 
belonging only to the state or 

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00:14:49,800 --> 00:14:52,560
only to one particular group. 
It needs to be reclaimed. 

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00:14:52,760 --> 00:14:56,560
Reclaimed and owned by the 
people themselves, drawing 

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00:14:56,560 --> 00:14:59,880
strength from their shared 
cultural memory, their ethical 

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00:14:59,880 --> 00:15:03,000
hopes, their everyday 
experiences of what's fair and 

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00:15:03,000 --> 00:15:05,840
unfair. 
So real justice, according to 

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00:15:05,840 --> 00:15:09,200
this view, isn't just going to 
come from new laws handed down 

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00:15:09,200 --> 00:15:10,520
from the top. 
Unlikely. 

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00:15:10,520 --> 00:15:13,400
It needs to be built from the 
ground up by citizens who are 

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00:15:13,400 --> 00:15:16,560
committed to defending dignity, 
demanding accountability. 

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00:15:16,560 --> 00:15:19,160
And cultivating that shared 
ethical horizon you mentioned. 

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00:15:19,160 --> 00:15:21,160
Exactly. 
It's not just about changing the

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00:15:21,160 --> 00:15:24,800
rules of the game, it's about 
fundamentally shifting who feels

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00:15:24,800 --> 00:15:28,000
ownership of the game and what 
moral compass guides it. 

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00:15:28,240 --> 00:15:31,000
As one source puts it, it's not 
just about the law. 

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00:15:31,360 --> 00:15:35,600
It's about who we collectively 
aspire to become as a society. 

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We've really covered a lot of 
ground. 

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00:15:37,560 --> 00:15:40,240
We've journeyed through this 
complex history of justice in 

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00:15:40,240 --> 00:15:43,640
Iran, seeing how it's been 
shaped by power, by religion, 

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00:15:43,760 --> 00:15:46,480
that constant tension between 
tradition and modernity. 

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00:15:47,160 --> 00:15:50,280
We saw that fragmented system 
back in the Lee Kujar era, 

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00:15:50,400 --> 00:15:53,520
justice as personal arbitration,
really lacking that civic 

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00:15:53,520 --> 00:15:55,600
coherence. 
Then the promise of national 

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00:15:55,600 --> 00:15:58,240
justice that came with the 
Constitutional Revolution. 

315
00:15:58,760 --> 00:16:02,200
A big step towards a law 
governed state but still 

316
00:16:02,200 --> 00:16:04,120
wrestling with those competing 
authorities. 

317
00:16:04,120 --> 00:16:06,040
Right. 
And then the Pallavi era's 

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00:16:06,040 --> 00:16:08,960
attempt at building that 
centralized secular judiciary, 

319
00:16:08,960 --> 00:16:11,480
it had that form, that 
bureaucratic rationality. 

320
00:16:11,480 --> 00:16:14,840
But lacked the deep public trust
which kind of paved the way for 

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00:16:14,840 --> 00:16:17,120
more change. 
Exactly leading into the Islamic

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00:16:17,120 --> 00:16:20,160
Republic's radical 
restructuring, framing justice 

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00:16:20,160 --> 00:16:24,040
as divine discipline, but often 
resulting in a system perceived 

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00:16:24,040 --> 00:16:28,360
as well ideologically rigid, yet
inconsistently applied and 

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00:16:28,360 --> 00:16:30,600
politically controlled. 
And that brings us to today, 

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00:16:30,760 --> 00:16:34,400
where, as our sources detail so 
powerfully, the justice system 

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00:16:34,400 --> 00:16:36,800
is often experienced as control 
without consent. 

328
00:16:36,800 --> 00:16:39,800
Yeah, a state function detached 
from public legitimacy, from 

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00:16:39,800 --> 00:16:42,400
ethical trust. 
An environment where fear can 

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00:16:42,400 --> 00:16:45,280
over shadow fairness, really 
damaging that vital social 

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00:16:45,280 --> 00:16:48,080
contract. 
But crucially, the sources we 

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00:16:48,080 --> 00:16:52,880
dug into offer that powerful 
alternative vision, reimagining 

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00:16:52,880 --> 00:16:56,400
justice not just as law, but as 
ethical infrastructure. 

334
00:16:56,400 --> 00:17:00,040
That's civic ecology, essential 
for trust, for dignity, for 

335
00:17:00,040 --> 00:17:02,560
social order. 
And this vision, it resonates 

336
00:17:02,560 --> 00:17:04,240
with those deep Iranian 
traditions. 

337
00:17:04,240 --> 00:17:08,160
We talked about Akisha Arag, 
modern values based teachings 

338
00:17:08,160 --> 00:17:12,119
about collective well-being. 
It calls for justice to be a 

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00:17:12,160 --> 00:17:14,880
civic ethic building. 
Independent institutions 

340
00:17:14,880 --> 00:17:18,520
ensuring equal access, fostering
transparency, cultivating 

341
00:17:18,520 --> 00:17:20,040
fairness right from the ground 
up. 

342
00:17:20,280 --> 00:17:24,319
It suggests that real justice in
Iran needs to be reclaimed on by

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00:17:24,319 --> 00:17:28,680
the people, recognizing that, as
some analysis implies, justice 

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00:17:28,680 --> 00:17:31,360
is the structure needed to 
uphold azadi, that sense of 

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00:17:31,360 --> 00:17:33,080
dignity and freedom. 
Absolutely. 

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00:17:33,080 --> 00:17:36,040
This deep dive really shows how 
the state of justice is so 

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00:17:36,040 --> 00:17:38,800
intrinsically linked to the 
relationship between people and 

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00:17:38,800 --> 00:17:41,640
power to the health of the 
social contract itself. 

349
00:17:41,680 --> 00:17:45,320
So here's a thought maybe to 
leave you with If justice really

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00:17:45,320 --> 00:17:48,680
is the ethical infrastructure of
a society, what is the current 

351
00:17:48,680 --> 00:17:50,120
state of that infrastructure in 
Iran? 

352
00:17:50,120 --> 00:17:51,720
Tell us about the society 
itself. 

353
00:17:51,960 --> 00:17:56,200
And building on that, if justice
isn't just about laws or 

354
00:17:56,200 --> 00:18:00,120
systems, but as that source 
suggested about who we want to 

355
00:18:00,120 --> 00:18:03,440
become collectively, how might 
the shared aspirations, the 

356
00:18:03,440 --> 00:18:06,720
shared ethical vision of the 
Iranian people actually shape 

357
00:18:06,720 --> 00:18:08,760
the path forward for justice in 
their country? 

358
00:18:18,720 --> 00:18:22,520
Thank you for listening to the 
Iran 1400 Project podcast. 

359
00:18:23,360 --> 00:18:27,760
The Iran 1400 Project invites 
scholars, experts, and 

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00:18:27,760 --> 00:18:30,680
intellectuals to share their 
assessment of the evolution of 

361
00:18:30,680 --> 00:18:34,760
institutions and ideas during 
the past 100 years to inspire a 

362
00:18:34,760 --> 00:18:39,200
vision of Iran in the 1400s. 
If you found today's episode 

363
00:18:39,200 --> 00:18:43,200
thought provoking, be sure to 
subscribe, share, and continue 

364
00:18:43,200 --> 00:18:46,840
the conversation. 
For more content and upcoming 

365
00:18:46,840 --> 00:18:53,000
events, visit iran1400.org. 
Until next time, stay engaged, 

366
00:18:53,160 --> 00:18:55,360
stay informed, and stay hopeful.
