Macro-Effective Discourses on the Process of Criminal Legislation
Author(s):
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Many questions have been arisen for making criminal law, as an effective and impressionable law which is resulted from conflicts and interactions like any other law however there is no much information how to emerge it.
This research which is conducted by using descriptive-analytical method seeks to answer the main question that which discourses can play major role in making criminal law as well as how can they do? The hypothesis is that "discourses play either an independent role in this process or providing a ground for (playing role of) other discourses."
Findings imply that making a law requires taking several steps which can be known as a legislative process. Studies show that the macro discourses of this process can be identified in two categories: main and contextual discourses. The main discourses refer to political and economic discourses. But cultural, social, and religious discourses are categorized as contextual discourse. Generally, with respect to the discourses’ roles and functions as well as their impacts on law-making process are directly and indirectly divided into two categories mentioned above.
This research which is conducted by using descriptive-analytical method seeks to answer the main question that which discourses can play major role in making criminal law as well as how can they do? The hypothesis is that "discourses play either an independent role in this process or providing a ground for (playing role of) other discourses."
Findings imply that making a law requires taking several steps which can be known as a legislative process. Studies show that the macro discourses of this process can be identified in two categories: main and contextual discourses. The main discourses refer to political and economic discourses. But cultural, social, and religious discourses are categorized as contextual discourse. Generally, with respect to the discourses’ roles and functions as well as their impacts on law-making process are directly and indirectly divided into two categories mentioned above.
Keywords:
Language:
Persian
Published:
Majlis and Rahbord, Volume:25 Issue: 96, 2019
Pages:
71 to 98
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