Jurisprudence and Law
Reza Zahravi
Abstract
The decriminalization approach can be corrected in some individual or social dimensions. The dimensions of the veil are not limited to the individual scope and have many social effects, but the neglect of social effects and neglect of other dimensions are against the principles of Islamic law and can ...
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The decriminalization approach can be corrected in some individual or social dimensions. The dimensions of the veil are not limited to the individual scope and have many social effects, but the neglect of social effects and neglect of other dimensions are against the principles of Islamic law and can be criticized. The realm of law is not limited to the social sphere, and the individual and divine dimensions are not outside the sphere of law, and the entry of law into this realm is rationally defensible and is based on the correct drawing of the boundary between ethics and law; Accordingly, in this article, on the one hand, by presenting logical arguments for the entry of law into all necessary human relations, under the correct draw of moral and legal boundaries, criticizes arguments against entering the law in other cases to individual scope. On the other hand, as a violation argument, an attempt has been made to prove the entry of law into the subject of the veil by referring to and analyzing various domestic and foreign laws due to the social dimensions of the veil.
Jurisprudence and Law
Reza Zahravi; Seyed Ali Kazemi; Rasool Ahmadzadeh
Volume 18, Issue 5 , September 2018, , Pages 227-254
Abstract
A delinquent, in a deliberate crime, must have the mental intention and also the knowledge necessary to commit the crime, or in doing a crime, without a definite intention to commit an offense, he/she makes an error that could qualify him/her for criminal responsibility. But this does not encompass all ...
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A delinquent, in a deliberate crime, must have the mental intention and also the knowledge necessary to commit the crime, or in doing a crime, without a definite intention to commit an offense, he/she makes an error that could qualify him/her for criminal responsibility. But this does not encompass all that is called the immaterial element, and only contains part of what is called the immaterial mental elements, while it is indispensable that the other part of the spiritual element that is "immaterial" and at the same time "non-mental" be identified independently and have the opportunity to be appeared and emerged. The authors try to prove that there are elements in the realization of crime in all the legal systems of the world that are immaterial but do not qualify as "mental". Therefore, the "non-mental" elements can be recognized as a true and independent title under the immaterial element with the correct title of "non-mental immaterial elements". Apart from the many benefits of discussing in proving aspect of crimes, this shift has led to a theoretical shift in the fundamental concepts of criminal law, and consequently a change in the structure of all domestic and even foreign law books, and in this sense it is a deconstructing theory. In terms of reasons related to human mental aspect as well as of scrutinizing in the essential elements, crime in action makes it difficult to prove some crimes and by removing certain components from the material element to acquire it, material and sensory means are not sufficient. As a result, it can lead to some kind of diversion or decriminalization and reducing the inflation of the criminal population.
