جستجوی مقالات مرتبط با کلیدواژه « سزاگرایی » در نشریات گروه « علوم سیاسی »

The unlimited powers of judges in determining punishment and the inhuman nature of some punishments were a prominent feature of French criminal law before the 1789 revolution. After the revolution in 1791, the French legislature enacted a statutory sentence based on the pattern of punishment, limiting the powers of judges and distancing them from some of the inhumane punishments that pre-revolutionary. The French legislature enacted the new Penal Code in 1810, and continued to pursue the element of punishment in the form of minimum and maximum punishments. Following the publication of the book The Delinquent Man by Lamborghini in 1876 and the emergence of the French Legislative Theological School, he also tended to use the model of correction and rehabilitation. Over time, the French legislature moved away from the component of punitiveism and tended to dominate the component of correction and rehabilitation. It tends and in the Islamic Penal Code of 1392 and the Law on the Reduction of Punishment of Imprisonment, it clearly shows its desire to excel the correction and rehabilitation over the component of punishment in the realm of some crimes.

Punishment as a social reaction is accompanied by the deliberate imposition of suffering, destruction or loss of dignity and deprivation of the rights of individuals. For this reason, the application of such a reaction requires a proper explanation and justification. Among them, the theory of punishment of moral baroque behavior has been considered as one of the oldest claimants of justification of punishment. But in a significant part of the twentieth century, this idea was considered a retrograde and abandoned idea by criminologists, criminologists and philosophers of criminal law. But the last decades of the twentieth century are the time of the resurrection of the punitive paradigm, so that many critics of this thought became serious supporters of it. This article seeks to explore the reasons for its pros and cons while exploring the reasons for the enthusiastic acceptance of experts in the field of criminal justice. It should be said that criminal law is based on principles and mechanisms that are based on the principles and components of policy. Criminal is the legal, economic and political foundations, each of which can play an important role in the legislative process and Godard and ultimately achieve the goal of the criminal justice system is the establishment of justice.

The resurrection of neo-retributivism in Anglo-American criminal law, with its ideology of proportional punishments, a harsh justice system, and maintenance of social ethics, in the last decades of the 20th century, is a subject that requires more explanation. Some thinkers attribute this phenomenon to basic changes in cultural, social and political structures. But there have been few studies about the nature of political changes which can be operative in this new criminal policy trend. In this study, therefore, I will try to clarify new inclinations in political philosophy that have been effective in the resurrection of this new criminal policy in England and America. At the end of this study, it will be concluded that changes in the structure of liberalism, which have led to the rise of neo-liberalism, can well explain much more about the rise of the policies of neo-retributivism in these two countries during last decades of twentieth century.