Document Type : Research Paper
Authors
1 Associate Professor, Department of Criminal Law and Criminology, Ferdowsi University, Mashhad, Iran
2 Assistant Professor, Department of Criminal Law and Criminology, Ferdowsi University, Mashhad, Iran
Abstract
The subject of the present article is to examine the evolution of corporal punishment in the first decade of the Islamic Revolution and to analyze the factors affecting it. To achieve this goal, various documents have been referred to. Also, the role of different socio-political forces and the space and context of society, have been analyzed in the evolution of the discourse governing corporal punishment. The results of the research show that in the case of corporal punishment, three different discourses can be identified in the first decade of the revolution. The discourse of Sharia orientedness shows itself immediately after the victory of the revolution, as a result of which corporal punishment is carried out on a large scale and with an ideological reading of religion. The second period began a few months after the revolution and continued until the ratification of the penal code. The third period, which begins in 1982 with the ratification of criminal law, is the period of consolidation of the discourse of legalism on corporal punishment. Each of the above discourses is first described and the reason for evolution of these discourses is analyzed with regard to sociological perspective.
Keywords
)