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A positivist and realist look at the pathology of criminal law Emphasizing the approaches of idealistics political systems | ||
| دوفصلنامه علمی رویکردهای حقوق سیاسی | ||
| Article 6, Volume 1, Issue 1, July 2023, Pages 178-219 PDF (5.77 M) | ||
| Authors | ||
| Seyed Mohammad Reza Mousavifard* 1; Zahra Shamcizad2 | ||
| 1Assistant Professor, Department of Criminal Law and Criminology, Islamic Azad University, Semnan Branch, Semnan, Iran | ||
| 2PhD Student in Criminal Law and Criminology, Semnan Branch, Islamic Azad University, Semnan, Iran | ||
| Abstract | ||
| From the point of view of the theoretical teachings of positivism and legal realism, we seek to find out whether idealistic political systems influence the enactment of criminal penal laws. It seems that according to these teachings, legal realism, like legal positivism, is based on the premise that law should be known as it is and not as it should be, this is where we enter the common realm of politics and law; Law and politics as social phenomena are both dual manifestations of a single entity (perception of a single ontology); Loses and achieves two main results, including: the adoption of populist laws with more political to legal function, the development of expedient laws in the criminal field, which in itself creates effects such as criminal inflation, political, cross-sectional and criminal law response Among its consequences are various challenges, including political, legal, moral, religious and human rights challenges, which in general will lead to the adoption of criminal laws. | ||
| Keywords | ||
| Legal realism; legal idealism; legal; positivism; political; system | ||
| References | ||
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