Re-examining the punishment and the new classicism theory

Abstract

In terms of formulating and enforcing laws, criminal doctrines affect criminal systems. Criminal jurists were noticing new doctrines as a result of the failure each previous doctrine. After World War II, especially in the fifties and sixties of the twentieth century, the idea of ​​reforming and curing this method was overcome. In the seventies, by revealing the failure of this method and consequently turning it over, the attention of the philosophers of punishment to the theory of justice in punishment focused on the theory of deserved punishment. This method justified the punishment by relying on punishment and with the support of the philosophical foundations that inherited from its predecessors the principles governing punishments, which are based on the fundamental merits of punishment it is based on the well-founded belief that the nature of the work is free and the will of the rational choice, and that, in the sense of entitlement, it is necessary for the law to be the principle of proportionality between the criminal offense and the principle of necessity of enforcement. In this study, an attempt has been made to investigate the place of punishment in the context of modern neoclassicism and within the scope of Iran's penal code, and to determine the extent to which these teachings are consistent with sovereignty

Keywords

• had
• new neo-classicism