نوع مقاله : علمی - پژوهشی
نویسندگان
1 استادیار دانشگاه بوعلی سینا
2 دانشجوی دکترای حقوق جزا و جرمشناسی دانشگاه خوارزمی
چکیده
تازه های تحقیق
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کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Substantially, legal rules, containing their own orders and punishments, are to be supported by two or more sanctions in order to prevent the legal system to transform into mere recommendations, thus all imperatives will be guaranteed by the system of sanctions. These orders and imperatives must be circumscribed to demarcations necessary for social life since they lead to limitations in individuals’ freedom space. The most part of these sanctions legitimate in only necessities are, inter alia, non-criminal including civil, administrative and corporate sanctions and only a tiny realm of ordinances need strong backing as to criminal ones. Therefore, we’ve found it right to express that in minimalistic criminalization, a criminal type would contribute the least tinge of the concept. Such an approach is expandable due to various theories as to moralistic one. As a moralistic illustration is imagined about the society, neither enactment legal criterions nor affection on individual’s volition subject to an intimidation from implementing sanctions is needed specifically. Moralistic proliferation and the procurement of appropriate foundations for the sake of moral reactions does require a freedom in volition for making decisions come true in order to be able to concern actions derived from people’s tendencies and not from legal intimidation particularly when an action is done and an omission is undone. Therefore, a society accompanied by moralistic behaviors containing virtue-oriented men, will absolutely be emerged. What comes in the following pages is focused on expounding the minimalistic criminalization in the moral respect.
کلیدواژهها [English]
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