Document Type : Scientific-research

Authors

1 P.h.d Student in criminal law and Criminology, Faculty of law, Shahid Beheshti University, Tehran, Iran

2 Associate Professor of criminal law and Criminology, Faculty of law, Shahid Beheshti University, Tehran, Iran

Abstract

"Punishing" is a social institution and one of the essential challenge in the realm of criminal policy. Regarding to the institutional nature of punishing and requisiteness of just institutional, just social institutions impose their ordering rules equally on the subjects. But giving opportunities to the underprivileged subjects can lead to cultivating the roots for the establishment of ordered society. So fair social institutions can be described with the two factors of equality and adjustment, which are the main bases of the fair description of social institutions. Discrimination in sentencing causes harm and undue restrictions to citizens and undermines the foundations of the legitimacy of the criminal justice system. Therefore, today, discriminatory punishment has become a social issue in the field of criminal policy, which can be the strongest justification in the philosophy of punishment.

The present study intends to explain the coordinates of the just punishing institution, while explaining the philosophical roots of punishment justification based on the descriptive-analytical method; A institution that revolves around the two axes of equality and moderation and is conceivable with principles such as the rule of law and necessity in the use of criminal tools. Due to the dependence of these coordinates on the axis of social justice theory (legitimizing factor of punishment), only the mentioned components and requirements are limited, and the detailed reference to other axes is beyond the scope of this research.

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