Reflections of Main Doctrines Regarding the Right to Punish in Criminal Policy Models

Document Type : Research Paper

Authors

1 PhD student in Criminal Law and Criminology, faculty of literature and humanities,, University of Guilan,, Rasht, Iran.

2 Associate Professor of Jurisprodence and Criminal Law ,, Faculty of Literature and Human Sciences,, University of Guilan, , Rasht,, Iran.

Abstract

The definition and ambit of criminal policy has been evolved since its birth and it is today regarded as knowledge and art of recognition and implementing several measures and backward or foreward responses invented to tackling criminal phenomenon, defending society and citizens and safeguarding individual rights and liberties by state and/or community. By different sorting out of its dual elements -criminal phenomenon and body of society-, variable relations and state-based or community-based models evolve. State-based models could belong to authoritarian or totalitarian states as well as to liberal states. On the other hand, the longlasting and fundamental problematic of criminal jurisprudence as to source of the right to punish has been enfronted with within two major categories of doctrines -psitivist doctrines and natural law doctrines. This research, using descriptive-analytical method, has been to a find the interrelation of these doctrines and the so-called models and has found out that state-based models, authoritarian and totalitarina models are mostly compatible with natural law doctrines, while liberal state models are more conformed with positivist doctrines.

Keywords

Main Subjects

References

Aghababayi, Hossein and Khedri Amirian, Amin (2022), "Crime Prevention in Religious Democratic Criminal Policy" in Dynamic Criminal Law, Nassrin Mehra and Amirhassann Niazpour (Under the Auspices of), Tehran: Mizan Publication. [In Persian]
Aghababayi, Hossein (2018), Domain of Security in Criminal Law, 3rd edition, Tehran: Institute of Islamic Culture and thought Publication. [In Persian]
Aghbabayi, Hossein (1999), Fiqh based and Legal Analysis of Crime of Overthrow, 3rd edition, Tehran: Institute of Islamic Culture and thought Publication. [In Persian]
Aghababayi, Hossein (2010), "Liberalism, Privacy and Patriot Law", Politics Quarterly, Review of Faculty of Law and Political Sciences, Vol. 40, Issue 2, pp. 1-17. [In Persian]
Ashouri, Daryoush (2020), A Dictionary for Human Sciences. 9th edition, Tehran: Markaz Publication. [In Persian]
Ashouri, Daryoush (2017), Encyclopedia of Politics (Dictionary of Political Terms and Schools). 25th edition, Tehran: Morvarid Publication. [In Persian]
Azizi, Amirmahdi; Mirkhalili, Seyyed Mahmoud and Najafi Abrandabadi, Ali Hossein (2022), "Dignity-Based Punishment in the Democrat Model of Criminal Policy" Criminal Law Research (A Biannual Journal), Vol. 13, Issue 1, Serial 25, Spring & Summer 2022, pp. 177-214. [In Persian] [DOI:10.22124/jol.2022.19832.2155]
Bix, Bryan (2014), A Dictionary of Legal Theory, translated by Mohammad Rassekh, 2nd edition, Tehran: Ney Publication. [In Persian]
Borhani, Mohsen (2016), Ethics and Criminal Law, 1st edition, Tehran: Institute of Islamic Culture and thought Publication. [In Persian]
Britannica Encyclopedia (1998) https://www.britannica.com/topic/authoritarianism, jan 21, 2023.
Britannica Encyclopedia, (1998), https://www.britannica.com/topic/totalitarianism, jan 21, 2023.
Darabi, Sahhrdad (2022), "Combinatory Criminal Policy Strategy in Democratic and Totalitarian Models of Criminal Policy", Criminal Law Resarch (A Biannual Journal), vol. 13, Serial 25, pp. 53-74. [In Persian] [DOI:10.22124/jol.2021.19432.2125]
Delmas-Marty, Mireille (2019), Major Systems of Criminal Policy, translated by Ali Hossein Najafi Abrandabadi, 4th edition, Tehran: Mizan Publication. [In Persian]
Ghari Seyyedfatemi, Seyyed Mohammad and Mashadi, Ali (2009), "Evolutions of Modern Theory of Natural Law", Legal Research Review, No. 2, pp.161-182. [In Persian]
Ghorbannia, Nasser (2004), "Several Versions of Natural Law", Islamic Law Review, No. 1, pp. 37-55. [In Persian]
Gray, John ((2016), Liberalism, translated by Seyyed Alireza Beheshti, 2nd editiin, Tehran: Nahid Publication. [In Persian]
Hampton, Jean (2019), Political Philosophy, translated by Khashayar Deihimi, 5th edition, Tehran: Tarh-e-now Publication. [In Persian
Hobbes, Thomas (2022), Leviathan, translated by Hossein Bashirieh, 17th edition, Tehran: Ney Publication. [In Persian]
Hosseini, Seyyed Mohammad (2015), Criminal Ploicy in Islam and in Islamic Republic of Iran, 4th edition, Tehran: Samt Publication. [In Persian]
Imbrisevic, Miroslav Andrija (2013), “Carlo Nino’s Consensual Theory of Punishment”, phD. Thesis, Heythrop College, University of London.
Kant, Immanuel (2016), Philosophy of Law, translated by Manouchehr Sanei Darehbidi, 4th edition, Tehran: Naghsh o Negar Publication. [In Persian]
Kelly, John Maurice (2021), A Short History of Western Legal Theory, translated by Mohammad Rassekh, 3d edition, Tehran: Ney Publication. [In Persian]
Lacey, Nicola (2002), State Punishment, Political Principles and Community Values, New York: Routledge
Lazerges, Christine (2021), An Introduction to Criminal Policy, translated by Ali Hossein Najafi Abrandabadi, 9th edition, Tehran: Mizan Publication. [In Persian]
Levasseur, Georges (1992), "Criminal Policy", translated by Ali Hossein Najafi Abrandabady, Legal Research Quarterly, 1& 2, pp. 395-436. [In Persian]
Matravers, Matt (2011), “Political Theory and the Criminal Law”, in Philosophical Foundations of Criminal Law, RA Duff and Stuart P Green (Editors) (2011), New York: Oxford University Press.
Mehra, Nassrin and Yekrangi, Mohammad (2012), "Grounds of Exclusive Right of Government to Infliction of Crime", Legal Research Quarterly, Vol. 15, Issue 8, Serial 1, pp. 215-244.
Najafi Abrandabadi, Ali Hossein (2021B), "About the Term: Criminal Policy" (Foreword for 2nd edition), in Lazerges, Christine, An Introduction to Criminal Policy, translated by Ali Hossein Najafi Abrandabadi, 9th edition, Tehran: Mizan Publication. [In Persian]
Najafi Abrandabadi, Ali Hossein (2021A), "From Penal Policy to Criminal Policy" (Foreword for first edition), in Lazerges, Christine, An Introduction to Criminal Policy, translated by Ali Hossein Najafi Abrandabadi, 9th edition, Tehran: Mizan Publication. [In Persian]
Najafi Abrandabadi, Ali Hossein (2022), "Criminal Case Law Including Criminal Policy, in Light of Strategies of Public Policy", in Dynamic Criminal Law, Nassrin Mehra and Amirhassan Niazpour (Under the Auspices of) Tehran: Mizan Publication. [In Persian]
Najafi Abrandabadi, Ali Hossein (2017), "Criminal Policy" in Niazpour, Amirhassann (Under the Auspices of), Encyclopedia of Economic Criminal Sciences, Tehran: Mizan Publication. [In Persian]
Najafi Abrandabadi, Ali Hossein (2019), "Criminal Policy: From Models to Movements" (Translator's Foreword for 2nd edition) in Delmas-Marty, Mireille, Major Systems of Criminal Policy, translated by Ali Hossein Najafi Abrandabadi, 4th edition, Tehran: Mizan Publication. [In Persian]
Nobahar, Rahim (2022), "Evaluating Possibility of Criminal Policy Making in the Light of Islamic Doctrines", in Dynamic Criminal Law, Nassrin Mehra and Amirhassan Niazpour (Under the Auspices of), Tehran: Mizan Publicationss. [In Persian]
Rostami, Hadi (2020), Criminal Law and Liberalism, Tehran: Negah-e-moaasser Publication. [In Persian]
Rousseau, Jean Jacques (2012), Social Contract, translated by Gholamhossein Zirakzadeh, Tehran: Ghaassedak Saba. [In Persian]
Sadati, Seyyed Mohammad Javad; Najafi Abrandabadi, Ali Hossein and Nobahar, Rahim (2017), "Genealogy of Relation between Punishment and Power in Iranian Legal System", Criminal Law and Criminology Studies, Vol. 4, Issue 1, pp. 37-64. [In Persian] [DOI:10.22059/jqclcs.2017.63738]
Soltanfar, Gholamreza; Shambayati, Houshang and Azmayesh, Ali (2017), "Effect of Ideology in Severity and Leniency of Criminal Law", Iranian Journal of International and Comparative Law, 37, pp. 93-144. [In Persian]
Thorburn, Malcolm (2011), “Criminal Law as Public Law”, in Philosophical Foundations of Criminal Law, RA Duff and Stuart P Green (Editors) (2011), New York: Oxford University Press.
Yekrangi, Mohammad (2016), Political Legitimacy of Punishment, Tehran: Institute of Islamic Culture and thought Publication. [In Persian]
Criminal Law Research
Volume 15, Issue 1 - Serial Number 29
Papers
July 2024
Pages 99-116

Files

Share

How to cite

Statistics