Public Discourse of Conviction in Iranian Criminal law from the Perspective of Criminal Philosophy
Public disclosure of conviction is accounted as a shaming sanction which pursues old promulgating sanction. Regarding to the fact that recognition of the philosophy of punishments and comparing the sanctions with them have a significant role in increasing the efficiency of the mentioned measures, pu...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2013-11-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_205_eaca7f7a35487a9321af9f39be083da2.pdf |
| _version_ | 1797369182659018752 |
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| author | Lamia Rostami Taberizi Mohammad Kazem Zare |
| author_facet | Lamia Rostami Taberizi Mohammad Kazem Zare |
| author_sort | Lamia Rostami Taberizi |
| collection | DOAJ |
| description | Public disclosure of conviction is accounted as a shaming sanction which pursues old promulgating sanction. Regarding to the fact that recognition of the philosophy of punishments and comparing the sanctions with them have a significant role in increasing the efficiency of the mentioned measures, public disclosure of conviction has been analyzed from the criminal philosophy perspective. In general, the philosophy of criminal sanction can be divided into consequentialist and non-consequentialist philosophies. Consequentialist philosophy with the element of deep insight into the issue usually intends to acquire some utilities as a result of punishments while non-consequentialist philosophy usually wants to put the blame on the guilty. As the background of public disclosure of conviction is an old promulgating punishment, and has merely been modernized as a shaming method, this criminal sanction conforms with non-consequentialist philosophy more than consequentialist philosophy and would not rejoice in securing consequentialist philosophy. The above- mentioned fact can be regarded as an encouragement for the Iranian legislator to abandon or at least limit this sanction. |
| first_indexed | 2024-03-08T17:42:59Z |
| format | Article |
| id | doaj.art-989b7d1bfc8a4dd0b204b54f00bb1143 |
| institution | Directory Open Access Journal |
| issn | 2345-3575 2476-6224 |
| language | fas |
| last_indexed | 2024-03-08T17:42:59Z |
| publishDate | 2013-11-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| spelling | doaj.art-989b7d1bfc8a4dd0b204b54f00bb11432024-01-02T10:53:25ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242013-11-0124137165205Public Discourse of Conviction in Iranian Criminal law from the Perspective of Criminal PhilosophyLamia Rostami Taberizi0Mohammad Kazem Zare1استادیار گروه حقوق جزا و جرم شناسی دانشگاه شهید بهشتیکارشناسی ارشد حقوق جزا و جرم شناسی دانشگاه مفیدPublic disclosure of conviction is accounted as a shaming sanction which pursues old promulgating sanction. Regarding to the fact that recognition of the philosophy of punishments and comparing the sanctions with them have a significant role in increasing the efficiency of the mentioned measures, public disclosure of conviction has been analyzed from the criminal philosophy perspective. In general, the philosophy of criminal sanction can be divided into consequentialist and non-consequentialist philosophies. Consequentialist philosophy with the element of deep insight into the issue usually intends to acquire some utilities as a result of punishments while non-consequentialist philosophy usually wants to put the blame on the guilty. As the background of public disclosure of conviction is an old promulgating punishment, and has merely been modernized as a shaming method, this criminal sanction conforms with non-consequentialist philosophy more than consequentialist philosophy and would not rejoice in securing consequentialist philosophy. The above- mentioned fact can be regarded as an encouragement for the Iranian legislator to abandon or at least limit this sanction.https://jclr.atu.ac.ir/article_205_eaca7f7a35487a9321af9f39be083da2.pdfkeywords: public discourse of convictionnon-consequentialist philosophyconsequentialist philosophyretaliationretributiondeterrenceincapacitationrehabilitation |
| spellingShingle | Lamia Rostami Taberizi Mohammad Kazem Zare Public Discourse of Conviction in Iranian Criminal law from the Perspective of Criminal Philosophy Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī keywords: public discourse of conviction non-consequentialist philosophy consequentialist philosophy retaliation retribution deterrence incapacitation rehabilitation |
| title | Public Discourse of Conviction in Iranian Criminal law
from the Perspective of Criminal Philosophy |
| title_full | Public Discourse of Conviction in Iranian Criminal law
from the Perspective of Criminal Philosophy |
| title_fullStr | Public Discourse of Conviction in Iranian Criminal law
from the Perspective of Criminal Philosophy |
| title_full_unstemmed | Public Discourse of Conviction in Iranian Criminal law
from the Perspective of Criminal Philosophy |
| title_short | Public Discourse of Conviction in Iranian Criminal law
from the Perspective of Criminal Philosophy |
| title_sort | public discourse of conviction in iranian criminal law from the perspective of criminal philosophy |
| topic | keywords: public discourse of conviction non-consequentialist philosophy consequentialist philosophy retaliation retribution deterrence incapacitation rehabilitation |
| url | https://jclr.atu.ac.ir/article_205_eaca7f7a35487a9321af9f39be083da2.pdf |
| work_keys_str_mv | AT lamiarostamitaberizi publicdiscourseofconvictioniniraniancriminallawfromtheperspectiveofcriminalphilosophy AT mohammadkazemzare publicdiscourseofconvictioniniraniancriminallawfromtheperspectiveofcriminalphilosophy |