نوع مقاله : علمی - پژوهشی
نویسندگان
1 دانشگاه خوارزمی
2 دانشگاه خوارزمی، دانشکده حقوق و علوم سیاسی
3 دانشگاه تهران، پردیس فارابی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Hegel, renowned philosopher of German idealism, more than two centuries ago presented a systematic and logical ontology with his writings. One of the most important philosophical aspects of his works is his political and social philosophy, which has always been the focus of many thinkers in humanities and social sciences. first, this article seeks to find the justifying theory of punishment in Hegel's philosophy by examining Hegel's works and also examining and evaluating the works of researchers in the field of criminal law philosophy. In the most basic form, It can be understood from his writings that only by accepting the responsibility of citizens in relation to the state, the comprehention of the concept of “citizen” is possible. As rational members of society, people should be responsible for their actions. The government is also obliged to respect liability of the criminal in order to respect the rational member. Hence, punishment is considered the right of the criminal. A right that is denied in the consequentialist school of thought. This explanation shows the necessity of executing punishment without considering other consequences such as prevention based on fear or clinical procedures . The increasing application of security-oriented or treatment-oriented criminal policies in the current legal systems around the world has caused a sense of alienation between citizens and the criminal justice system. Inspired by Hegel's philosophy, this article tries to present a human-centered approach based on the inherent dignity of citizens and define a new paradigm in this regard.
کلیدواژهها [English]
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