The study of the impact of anthropological and epistemological views of David Hume on the concept of crime in Bentham and Mill thought
In order to understand the concept of crime, It is necessary to refer to foundations of legal systems. Anthropology is one of the areas of studies that has a bond with criminal law. David Hume as one of the most influential philosophers of the Enlightenment, Has introduced a new approach to humans....
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2020-09-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_11796_e3c554101cf09d89e1791b521ee83cb1.pdf |
| Summary: | In order to understand the concept of crime, It is necessary to refer to foundations of legal systems. Anthropology is one of the areas of studies that has a bond with criminal law. David Hume as one of the most influential philosophers of the Enlightenment, Has introduced a new approach to humans. This new perception of the humans and the quality of acquiring knowledge had important effect on other knowledges especially ethics. Hume denies the role of reason in ethics definition and regards the rules related to justice and legal order as the result of historical processes and experiences.Following Hume's Thoughts by His followers, had Sustainable effects on the concept of crime. by denouncing metaphysical and rational definitions of ethics by Hume crime definition turned towards utilitarianism. Utilitarianism in Bentham appeared with a quantitative approach and with the definition of crime based on pleasure and eagerness. This approach was modified by Mill's "harm principle" as a criterion of criminalization.This article pursues the conceptual evolution of crime by Bentham and Mill under the ethical views of Hume. Crime in this approach is not discovered rather it is created. Traditions and experiences guide humams in this direction. |
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| ISSN: | 2345-3575 2476-6224 |