نوع مقاله : مقاله پژوهشی
نویسنده
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The history of the two institutions of law and morality, and the relationship between them, is as old as human life itself. However, this long-standing connection has not prevented numerous debates regarding the nature and extent of this relationship, nor has it led to a lasting agreement among thinkers in these two fields on how it should be regulated. In spite of the commonalities between law and morality in terms of objectives and domain, they differ significantly in these same areas, requiring specific mechanisms for their realization and materialization. The main views of thinkers regarding the regulation of the relationship between these two fields are the maximal and minimal support of morality by criminal law. In other words, after identifying their overlapping points and establishing a proper relationship to address those overlaps, some thinkers hold that criminal law provides maximal support to morality, considering it general and comprehensive. In contrast, another group advocates minimal support of morality by criminal law, limiting it to inevitable cases and endorsing alternative mechanisms. However, an intermediate theory can be proposed, distinguishing between the stages of affirmation and verification. At the stage of affirmation, this view supports maximal protection of morality by law, while at the stage of verification, it supports a degree of protection based on the requirements and conditions determined by the ruler or leader. Different mechanisms concerning the offender are also relevant in this context. This is precisely the theory of Islam, based on the rule stating that discretionary punishment is prescribed for any forbidden act.
کلیدواژهها [English]
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