Philosophy of criminal law
Zahra Abdolhosseinqomi; Firouz Mahmoudijanaki; Majid Ghourchibeygi
Abstract
abstractFocusing on power is one of methods to analyse modern punishment. The kind of inference of power makes different analysis’s methods and results. Michel Foucault was one of thinkers that have considered power as relation between forces; and he use of Nietzsche’s method of genealogy ...
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abstractFocusing on power is one of methods to analyse modern punishment. The kind of inference of power makes different analysis’s methods and results. Michel Foucault was one of thinkers that have considered power as relation between forces; and he use of Nietzsche’s method of genealogy for his analyse. Foucault believed that power is everywhere and have correlation relationship with knowledge, his analytic method about the complexity of power and modern disciplinary power and punishment is discourse of power and knowledge. Then, some questions had been mentioned by this method; from the concept of discourse to its usefulness in analysis modern punishment and its bounding or lasting at time. It will be tried in the current article that to answer the three mentioned questions with the analytical descriptive method. In result, it seems due to avoided of prevalent inferences of power, exaggeration in some of his genealogies and some of his unsaid, lead to Foucault' method be expired, but preventive look in the field of modern punishment and his implicit emphasis on such that, that is, punishment is something more than punishment, makes a way for his method to last.Key words: modern punishment, power, genealogy, discourse, knowledge, discipline.
Majid Ghurchibeigi; Mohammad Reza Rezaeian Koochi
Abstract
Following social developments, the approach of policymakers is to determine hate crimes and to protect vulnerable victims in the form of victim-oriented penal policy. Although victim-oriented penal policy emphasizes the protection of vulnerable victims in the light of the doctrine of hate crimes, in ...
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Following social developments, the approach of policymakers is to determine hate crimes and to protect vulnerable victims in the form of victim-oriented penal policy. Although victim-oriented penal policy emphasizes the protection of vulnerable victims in the light of the doctrine of hate crimes, in some legal systems, including the Iranian criminal system, the legislature has scattered support for victims and does not pay special attention to the victims of hateful behaviors. Therefore, based on the context of victim-oriented penal policy, what is the place of supporting hate crime victims in penal policy? This challenge can be analyzed in terms of the requirements of criminal policy, including appropriate legislation, victim-oriented support mechanisms, and participatory victim-centered approaches. This paper confirms supporting hate crime victims in the form of aggravated and discriminatory criminal support based on analyzing the dimensions of victimization and requirements of the victim-oriented penal policy. In this regard, the creation of differentiated support mechanisms for victims of hate crimes based on a participatory support system is emphasized.
seyed mohhamad hosini; majid ghorchi beygi
Volume 3, Issue 10 , April 2015, , Pages 9-40
Abstract
By: Majid Ghorchi-baygi[1] and Seyed Mohhamad Hosini[2] The most criminological researches have focused on conventional violent crimes in recent years. However, we have a little information about victimization of white-collar crime and a few researches have conducted in this area. ...
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By: Majid Ghorchi-baygi[1] and Seyed Mohhamad Hosini[2] The most criminological researches have focused on conventional violent crimes in recent years. However, we have a little information about victimization of white-collar crime and a few researches have conducted in this area. Critical criminologists are interested in victimology of white-collar crime. They called victim of white-collar crimes as invisible victims. The nature of white-collar victimization is financial although it may lead to serious physical harms. Patterns of victimization in conventional crimes are different to patterns of white-collar crime victimization although these patterns are similar to each other to some extent. Patterns and types of victimization in white-collar crimes are varied by gender, age, and socio-economic class. Beyond the direct economic costs, white-collar crimes have many significant indirect costs which are harmful as well as direct ones. [1] - Assiatant professor of Criminal Law and Criminology, Law Department, University of Kharazmi. [2]- Associate Professor of Criminal Law and Criminology, Faculty of Law and Political Sciences, University of Tehran.
