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.
Iman Mohtaram Qalaati; Jalal Aldin Ghiasi
Abstract
The mental element of intentional crimes in the jurisdiction of the International Criminal Court, is mentioned under Article 30 of the Rome Statute. Except those stipulated unintentional, as a general rule, this article is evenly applied to all crimes in the jurisdiction of the Court. This article cannot ...
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The mental element of intentional crimes in the jurisdiction of the International Criminal Court, is mentioned under Article 30 of the Rome Statute. Except those stipulated unintentional, as a general rule, this article is evenly applied to all crimes in the jurisdiction of the Court. This article cannot define material and mental of elements of the crimes transparent and clear, although it seeks to create a general rule for mental element of all crimes in the jurisdiction of the Court; and still there is a lot of uncertainties on them. These uncertainties challenging the interpretation and implementation of mental element related issues in the Statute. Defining and separating primary and essential parts of mental element In Article 30, this paper examines and discusses the relationship of these elements with the behavior, condition and result of crimes within the jurisdiction of the Court.Key words: Rome statute, mental element, intent, knowledge, willing.
