Document Type : Research Paper
Author
Assistant Professor in Criminal Law and Criminology, Ferdowsi University, Mashhad, Iran
Abstract
Abstract
Technical studies of criminal law rarely discuss the social aspects of punishment. Punishment has a deep relation with other social institutions such as power, culture and punishment is part of the social structure. As a result, this phenomenon has close relation with other parts of social structure. Torture, as one shape of penal reaction, is no exception to this pervasive rule. Birth and continuation of these ritual punishments have complex and deep relations with other social phenomena. However, technical studies of criminal law are reluctant to examine the hidden sociological aspects of torture. The Sociology of punishment tries to show thesehidden relations. Sociological study shows that torture has a deep relation with the identity of the collective conscious. In this research, with the sociological method, I try to analyze the process of birth and continuation of rituals of torture in ancient Iran.
Keywords: Collective unconscious, Meaning-Symbol relations, Ritual life, Rituals of torture, Theology of punishment
Keywords
Alizadeh Moghadam, Badralsadat and Shokrian, Ehteram (2013). “A Study of the Cultural, Economic and Religious Status of Bandar Lian (Bushehr) in the Elamite Era”, Journal of Local Histories of Iran, No. 2. [in Persian]
Agha Mohammad Hasani, Mitra and Lajvardi, Fatemeh (2017). “Study of Sorus’s concept in Avestan and Pahlavi Texts”, Comparative religions and mysticism, No 1. [in Persian]
Azad Armaki, Taghi (2015). Sociology of Culture, second edition, Science Publication. [in Persian]
Azadi, Najimeh (2016). “Decoding the ritual of Sacrificing in myth, mysticism and culture”, Mystical and mythological literature, Year 11, No 38. [in Persian]
Breathnach, S. (2002). Emile Durkheim on Crime and Punishment (An Exegesis). Universal-Publishers.
Campbell, Joseph (2019). Life in the Shadow of Mythology, translated by Hadi Shahi, Doostan Publications, second edition. [in Persian]
Christensen, Arthur (2011). Iran during the Sassanids, translated by Rashid Yasemi, Behzad Publications. [in Persian]
Davani, Fozooneh, Fesharaki, Mohammad and Khorasani, Mahboobeh (2016). “The symbolic reflection of the Mithraic sacrifice - the myth of killing the first cow - in the Nezami Haft Peykar”, Textology of Persian literature, No 2. [in Persian]
De Giorgi, Alessandro. (2013). Punishment and Political Economy, in Punishment and Society, Edited by Jonathan Simon and Richard Sparks, SAGE Publication.
Deflem, M. (2008). Sociology of law: Visions of a scholarly tradition, Cambridge University Press.
Durkheim, E. (2013). The Division of Labour in society, Translation by W. D. Halls. Second Edition, Edited and with a new introduction by Steven Lukes. Palgrave Macmillan
Durkheim, Emile (2020). The Elementary Forms of Religious Life, translated by Bagher Parham, seventh edition, markaz publication. [in Persian]
Dehghan zadeh, Sajjad (2016). “Sacred ontology in mythology”, Religious studies, year 3, No 5. [in Persian]
Dehghan zadeh, Sajjad and Nuri, Ghahraman (2015). “Cosmic order in Avesta and Taotheching”, Religious studies, Year 2, No 4. [in Persian]
Eslam, Alireza (2014). “Transformation of the sacrifice from human to the animal: a turning point in the process of rationalization”, Religious studies, year 3, No 6. [in Persian]
Eslami, Ruhallah (2016). Iranshahri Governmentality (Continuation of power technologies in Iran), Ferdowsi University of Mashhad Publication. [in Persian]
Foucault, Michele (2013). Discipline and punish the birth of the prison, Ney Publication. [in Persian]
Garland, David. (1991). “Sociological perspectives on punishment”, Crime and Justice, Vol 14.
Garland, David. (2012). Punishment and social solidarity, The SAGE Handbook.
Geertz, Clifford (2021), Interpretation of Cultures, translated by Mohsen sales, Third Edition. [in Persian]
Ghanee, Saeed and Yadollah, Morteza (2009). Zardosht: Prophet of ancient Iran, Beh Afarin publication, second dedition. [in Persian]
Gharaee, Fayyaz (2010). Far Eastern religions, Ferdowsi university of Mashhad publication, second edition.
Hudson, B. (2003). Understanding Justice 2/E: An introduction to Ideas, Perspectives and Controversies in Modern Penal Therory, McGraw-Hill Education (UK).
Hasani, Hasan (1978). “Swear and Swearing”, Social science letter, No 7. [in Persian]
Hills, John (2003), Understanding Iranian Mythology, Translated by Jaleh Amoozgar and Ahmad Tafazli, Cheshmeh Publishing, Eighth Edition. [in Persian]
Jung, C.G. (1968). The Archetypes and the Collective Unconscious, Second Edition, Princeton University Press,
Janie, Janus (2010), Irainian criminal justice in Sassanid period, translated by Rahim Foroghi Nik, Criminal Science News (Articles Collection), Mizan Publication. [in Persian]
Javan Jaafari Bojnurdi, Abdolreza and Sadati, Sayed Mohammad Javad (2016). “Concept of power in the sociology of Punishment”, Criminal law studies, year 3, No 11. [in Persian]
Javan Jaafari Bojnurdi, Abdolreza and Sadati, Sayed Mohammad Javad (2020). “Sociology of punishment and multiple reality of punishment”, Encyclopedia of criminal Science, Fourth book, Mizan publication. [in Persian]
Javan Jaafari Bojnurdi, Abdolreza and Sadati, Sayed Mohammad Javad (2015). “Durkheim and Functionalism In recognizing of punishment”, Journal of Law Excellence, No 4. [in Persian]
Jung, Carl Gustav (2014). Man and His Symbols, translated by Mahmoud Soltanieh, ninth edition, Jami Publications. [in Persian]
Joghatei, Sadegh (2019). “Cruelty and torture in Iranian myths and epics (based on Ferdowsi's Shahnameh)”, Mystical and mythological literature, No 50. [in Persian]
Kurt, Amoli (2003). Achaemenids, Phoenix Publications, third edition. [in Persian]
Meskoob, Shahrokh (2015). An Introduction to Iranian Mythology, Farhang Javid Publications. [in Persian]
Mohammadzadeh, Maryam (2014), “A Comparative Study of Fire Passage Manifestations”, Quarterly Journal of Critique Analysis of Persian Language and Literature, No. 21. [in Persian]
Nikoei, Ali (2015). “The Cow killer in the Myth of the Iranian Seal”, Quarterly Journal of Oriental Art and Civilization, Year 6, Issue 22. [in Persian]
Nourpour, Mohsen and Sadati, Seyed Mohammad Javad (1400). “A Sociological Study of Developments in Public Punishment in Post-Revolutionary Iran”, Criminal Law and Criminology Research, Volume 9, Number 17. [in Persian]
Rusch, George & Kirchheimer, Otto. (2009). Punishment and Social Structure with a new introduction by Dario Melossi, fifth printing, transection Publisher.
Sabzi, Musa, Hatami, Habib and Rayegani, Ebrahim (2018). “A study of the continuity of religious symbols and Elamite gods in the Achaemenid period”, Religious studies, year 5, No 9. [in Persian]
Sadati, Seyyed Mohammad Javad (2019). “Traditional authoritarian discourse and political economy of Torture”, Encyclopedia of Economic Law, No 13. [in Persian]
Sadati, Seyyed Mohammad Javad (2020), Punishment and social control, Genealogy of relation between power and penal reaction, Mizan publication. [in Persian]
Soleymani, Hasan (2020). “Developments in corporal punishment in Zoroastrian legal texts”, In the Encyclopedia of Criminal Sciences, Volume Four, Mizan publication. [in Persian]
Talezari, Ali (Bita). “The system governing crimes and punishments during the Achaemenid period”, Quarterly Journal of Legal Research, No. 59. [in Persian]
Tavana, Mohammad Ali and Azar kamand, Farzad (2016). “Modern Political Archetypes and Myths: Based on the Theoretical Framework of Carl Gustav Jung”, Theoretical policy researches, No19. [in Persian]
Weber, Max. (1968). Economy and Society: An Outline of Interpretive Sociology, Edited by: Guenther Roth and Claus Wittich, Bedminster press.
Wesno, Robert (1399). Sociology of Culture (A Theory of the Relationship between Thought and Social Structure), translated by Mostafa Mehr Ayeen, Rhino Publishing. [in Persian]
Wildorant (1992). History of Civilization (Orient; Cradle of Civilization), translated by a group of translators, Scientific and Cultural Publishing Company, Third Edition. [in Persian]
Zavieh, Saeed and Mafi Tabar, A meneh (2014). “Study of the mythical rituals of "divine judgment" in ancient Iran”, Quarterly Journal of Mystical Literature and Mythology, No 30. [in Persian]
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