Hamed Rahmanian; mohamad jafar Habibzadeh
Volume 2, Issue 5 , February 2014, , Pages 47-71
Abstract
One of the significant matters in realm of relationship between morality andcriminal policy is the discussion which revolves around the morality ofpunishment application. In criminal policy as well as the public policy, weobserve the practices and approaches in which any purposes justify theresorting ...
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One of the significant matters in realm of relationship between morality andcriminal policy is the discussion which revolves around the morality ofpunishment application. In criminal policy as well as the public policy, weobserve the practices and approaches in which any purposes justify theresorting to penal instruments; we can call them penal instrumentalism. Inthis essay we are seeking for conceptualization and representation someindicators for recognizing it between a set of measures of criminal policy.For this purpose, after making a clear boundary between this concept withother similar concepts such as populism, consequentialism, utilitarianism,and pragmatism, we have divided the indicators of an instrument-basedcriminal policy into objective and subjective categories. The first, is involvedin resorting to criminal matters as the most accessible instruments,ignorance of the evident legal principles, and the evident moral principles.The latter, is involved in intending to achieve a goal, interests or a practicalgood, and finally resorting to a quick and easy resolution or relief.
