Examining the theories of instrumentalism and moral theories in Iranian criminal law
Subject Areas : اخلاق و تربیت اسلامی
Jalal Mohammed
1
,
seyed mahdi salehi
2
,
reza nik khah sarnaghi
3
1 - PhD student in private law
2 -
3 -
Keywords: Iranian criminal law, moral theories, instrumentalism.,
Abstract :
This research examines the role and influence of instrumentalism theories and moral theories in Iranian criminal law. In this research, the relationship between ethical theories such as dutyism, virtueism and utilitarianism with the principles and foundations of Iranian criminal law is analyzed. The current research shows that Iran's criminal law, especially in the topics of criminalization, criminal responsibility and punishment, is widely influenced by these theories. The research results indicate that the integration of moral principles with criminal law in Iran has led to a complex and flexible legal system that uses different approaches at the same time. Also, this research offers suggestions for improving and developing Iran's legal system through more effective application of ethical theories.