MEHDI MUSAZADEH KOFI; alihosein najafiabrandabadi; bagher shamloo; firoz mahmodi janaki
Abstract
AbstractThe legitimacy and acceptability of punishment is dependent on the legitimacy of its constructive political structures. To legitimize the political structures, we need the rule of law. Governments acting according to law consider rationality as a measure of legitimacy and credit the values and ...
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AbstractThe legitimacy and acceptability of punishment is dependent on the legitimacy of its constructive political structures. To legitimize the political structures, we need the rule of law. Governments acting according to law consider rationality as a measure of legitimacy and credit the values and moral, social, and cultural norms of society. In modern governments based on wisdom, the principle of preserving the natural rights of humans and freedom has been established on reason. Citizens have the right to protest against it when governments fail to do their duty in protecting citizens’ freedoms. The principle of the right of states to punish, the basis and its principled structure and its effects, are the questions of the present study which has been carried out in descriptive-analytic mode. The right of citizens to rehabilitation and justice desert, as well as the rights of citizens to civil disobedience, and the right not to be punished are the results of the application of the rational-based right to punishment. The consequences of rational punishment are the mitigation and humanization of punishment and providing reasonable benefits to victims, criminals, and citizens.
Bagher Shamloo; Mahdi Kazemi Jouybari
Abstract
Defining the concept of crime is the starting point in the criminal
thought. Basically, any view taken on the concept of crime formulates the
other fundamental criminological concepts (such as the criminal and
etiology) as well as basic concepts of criminal policy system (such as justice,
criminalization ...
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Defining the concept of crime is the starting point in the criminal
thought. Basically, any view taken on the concept of crime formulates the
other fundamental criminological concepts (such as the criminal and
etiology) as well as basic concepts of criminal policy system (such as justice,
criminalization and prevention). In the light of the foregoing, we attempt to
discuss the concept of the crime in the framework of two distinct paradigms
of modernism and postmodernism. That said, we argue that while the
modernist reading conceives the crime with the presumption of the objective
nature or inherent meaning, the postmodernist reading, on the contrary,
replaces this presumption with the subjective nature or acquired meaning. In
order to develop this thesis, the ideas of postmodernism will first be
introduced. Subsequently, a critique of the modernist view of the crime will
be offered. Eventually, a new definition of the crime from the perspective of
the constitutive criminology will be provided. Despite the above-said
importance, this analysis of the meaning of the crime has never been touched
upon in the Persian literature of criminology.
Bagher Shamlo; Neda Mohtashami
Volume 1, Issue 2 , January 2013, , Pages 123-158
Abstract
Interaction ism theory.as an inspiring pattern for thought of restriction ofscope of intervention of criminal justice system and more tolerance towardsoffences- and Zero tolerance policy -as a manifestation of broken windowstheory and an appearance of criminal system revival movement and greaterseverity ...
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Interaction ism theory.as an inspiring pattern for thought of restriction ofscope of intervention of criminal justice system and more tolerance towardsoffences- and Zero tolerance policy -as a manifestation of broken windowstheory and an appearance of criminal system revival movement and greaterseverity (strictness) in reaction to criminal behaviors and deviances- areconsidered two contral)' approachs in criminology and criminal policy.Description offoundations and concepts of this theory and policy and thenanalysis and reciprocal assessment of them in comparison with each otherwill reveal their positive and practical points and also their defects andabsolutism in two above mentioned fields.In addition, this precise survey, will remind the capability and necessity ofleading them to a more moderate strand and also proper profiting from thistheory and policy in an integrated criminal policy. Ultimately, this study,will introduce restorative justice-in the shape of a combination of restorativeprocesses and outcomes-as a fair and efficient measure to modify theirintemperances and so to manage crimes in its optimal fonn.
