نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Political ideas dominate criminal law; for political thought both legitimizes the ruling system and delineates the policy framework of criminal law, criminalization, and punishment. In fact, the decisive role of political ideas in the emergence of novel criminal laws and institutions is evident; because criminal law, in order to articulate the foundations of criminalization and its propositions—which represent a multidimensional discourse—must be embedded within the realm of political thought. Indeed, the structure of governance and its legitimacy, which stems from ideology, is redefined through political thought. Thus, the worldviews of diverse political schools result in fluid political ideas encompassing criminalization, criminal adjudication, and sentencing. Consequently, the prevailing political ideas, which are themselves derived from the dual elements of freedom and power, govern criminal law. Therefore, with changes in governance, it is evident that political ideas—or the leading strategies thereof—have a tangible impact on criminal law. Political thought, as a tool that networks the fundamental bases of governance, has increasingly emerged within the realm of criminal law. In this context, the present descriptive-analytical study demonstrated that political ideas aim to delineate the boundaries and margins of the two elements—freedom and power—and that criminal law, in seeking to define and support these two elements, conceptualizes good governance. Thus, modern criminal law, positively influenced by political thought, seeks to leverage the predominance of these ideas in favor of its legal-criminal constructs. Although utopian ideology sometimes engenders sanctification and populism in criminal matters—leading to an inflation of criminal laws and regulations—criminal law, within the sphere of political thought, nonetheless possesses a flexible framework that supports individual order and social life, thereby preventing excesses in criminal law.
کلیدواژهها English
