شناسنامه علمی شماره
نویسنده
استادیار دانشکدة حقوق دانشگاه امام صادقعلیهالسلام
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The history of the two institutions of law and morality and the relation between the two is the same as that of the life of human beings. However, this long standing relation has not been an obstacle to the existence of numerous interactions as to the type and extent of this relation, nor to achieving a sustainable agreement between the thinkers in these two fields towards regulating the relation between them. In spite of the commonalities between law and morality in the fields of objectives, and domain, they differ seriously in the same fields requiring certain mechanisms towards their realization and materialization. The main views of thinkers in regulating the relation between these two fields are the maximal and minimal support of morality by criminal law. In other words, after recognizing the overlapping points, and in establishing a proper relation towards solving the problem in cases of overlapping, some thinkers hold that criminal law has a maximal support of morality considering it general and comprehensive. In contrast, another group holds a minimal support of morality by criminal law.
They confine it to the inevitable cases and approve alternative mechanisms. However, we can propose an intermediate theory distinguishing the affirmation stage from verification one. In case of affirmation, they hold a maximal support of morality by law, and in case of verification they hold a type of support according to requirements and conditions drawn by the ruler or the leader. The different mechanisms concerning the offender are also involved here. This is the very theory of Islam based on the rule saying: discretionary punishment is prescribed for any forbidden act.
کلیدواژهها [English]
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