The influence of social structure on judges' decisions and rulings in light of socio-functional structuralism theory (Analytical Study)

Abstract

Judicial work plays an active role in achieving social security, Therefore, the civil judge has social responsibility, The structural functional theory, which is one of the topics studied by legal sociology, and is based on the integration of structure and functions, indicates that each role has a function to understand the interactions between individuals and institutions and to achieve the stability of society, Therefore, we need this theory to dismantle the effect of the social structure on the results of the judgments issued in the theories of the Iraqi Civil Law No. (40) of the year (1951), such as emergency circumstances and the view of ease, and to serve the purposes and goals therein, as the judiciary is considered part of the structure of the function of society, and any disruption or change in its function affects the rest of the parts, This leads to instability, which is the very purpose for which the law exists, because there is a link between the social structure and the judicial system. The judge also contributes to strengthening confidence in judicial systems and encouraging individuals to abide by the laws. There is a set of values ​​and standards that drive the judge, and this is due to his social upbringing, It highlights the effectiveness of this theory as a tool for understanding complex social transformations, analyzing how a judge creates an integrated interaction between social thought and legal application, and justice, which is a flexible standard that helps the civil judge issue rulings that respond to developments and achieve fairness in them, Judges also need courses and to learn different sciences, This falls under the socialization of the judge, which is one of the topics of social theory.