نوع مقاله : مقاله پژوهشی
نویسنده
استادیار دانشکده حقوق و علوم سیاسی دانشگاه فردوسی مشهد، مشهد، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Thoughts that try to present a realistic picture of punishment in the social structure, cannot ignore the hidden relation between punishment and power. Genealogy of power developments shows that how developments of power can impacts the developments of punishment. From the tragedies of torture to the bureaucratic punishments, all of them are The reflects of the effects of power.
Also, a realistic analysis of punishment cannot ignore the role of punishment. Punishments during the times consistently were Reflects of the impacts of cultural elements. We cannot ignore the impacts of theological cultures on the tragedies of torture. Also, it is hard to deny the impacts of current civilized societies on birth of bureaucratic punishments.
However, the problem of most sociological analysis is presenting a realistic image from quality of interaction between culture and power. Punishment has multiple realities. This article tries to show the quality of interaction between power and culture.
1.Introduction
Despite this duality, it is difficult to accept that punishment, as a social institution with a multiple reality, is only influenced by one of the two phenomena of power and culture. Punishment is a social institution that is influenced by them in a systematic relationship with other social phenomena and, of course, affects them.
The fundamental question of this research is how to present a realistic picture of the quality of the interaction between the phenomena of culture and power in the realm of punishment.
The present study tries to answer this fundamental question. The concern of the present research is to provide a framework for a systematic and multiple understanding of punishment. Presenting this framework can provide us with a more accurate picture of the nature and functions of punishment in the social system.
2.Methodology
presented in this regard.
Finally, for a more accurate understanding of the issue, examples from Iran's society after the revolution are mentioned.
3.Results and Discussion
The current research tries to depict two hidden aspects of the interaction of culture and power. The interaction of power and culture through the cultural foundation of the phenomenon of power is one of these manifestations. In addition, culture and power interact with each other through the framework that is referred to as "Cultural Relations Network" in the current research. Dealing with these two effects can be considered as a perspective for future studies in the field of cultural and political sociology of punishment: studies that present clear images of the real functions of punishment. In addition, through the perception of these effects of interaction, the importance of culture as a basic phenomenon in the realm of punishment-related studies becomes more apparent. The prevalence of Weberian, Marxian, and especially Foucauldian traditions in recent decades has been so indescribable that the role of culture in the field of criminal studies was almost forgotten for a significant period of time. Of course, the learning of these three traditions is more than anything that the result of the interest of thinkers to study and dissect the complex technologies of domination that use their capitalist power. In spite of this, the present research, in addition to dealing with the effects of the interaction of culture and power, tries to consider a more central place for the phenomenon of culture in its analysis. In fact, one of the fundamental ideas of this research is that any sociological analysis of punishment should consider a significant role for culture-based explanations. This very important fact is especially depicted through emphasizing the cultural foundations of power.
4.Conclusions
the quality of this interaction. Punishment has multiple realities. Punishment can be considered as a transparent mirror that is a reflection of dominance relations, power structures, sensitivities of collective conscience and even the degree of dependence of a social system on administrative bureaucracy. This feature of multiplicity is precisely due to the multidimensional nature of all social phenomena.
5.Selection of References
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Javan-Jaafari Bejnordi, Abdul Reza and Sadati, Seyyed Mohammad Javad (2014), the philosophical and sociological nature of punishment; a reflection on the nature and functions of punishment, Tehran: Mizan Publication [in Persian].
Javan-Jaafari Bejnordi, Abdul Reza, Noorpour, Mohsen and Sadati, Seyyed Mohammad Javad (1400), “A sociological reflection on the reason for the transition from” "authoritative Sharia Ruler" to "Judge Diwan-Salar" in Iran after the revolution", Contemporary Legal Studies, No. 23, pp. 83-109[in Persian].
Sadati, Seyyed Mohammad Javad (2022), Punishment and Social Control (Genealogy of the relation of Power and Punishment), 2nd Edition, Tehran: Mizan Publication[in Persian].
Sadati, Seyyed Mohammad Javad (2019), “Sociology of punishment”, in the encyclopedia of legal policy, publications of the vice president's legal vice president's legal vice president's law and regulation compilation, revision and publication[in Persian].
Garland, David (2008), “A Culturalist theory of punishment?” Punishment and Society, Vol 11, pp.259-268
Garland, David (1990), Punishment and modern society (a study in social theory), the university of Chicago press.
Garland, David (2006), “Concepts of culture in the sociology of punishment, Theoretical Criminology”, vol10(4) , pp. 419-447
Hudson, Barbara (2003), Understanding justice (an introduction to ideas, perspectives and controversies in modern penal theory), Open University press.
Weber, Max (1968), Economy and Society: An Outline of Interpretive Sociology. Edited by Guenther Roth and Claus Wittich. New York: Bedminster press.
کلیدواژهها [English]