نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Self-defense has been one of the controversial topics in criminal law since ancient times. Its traces can be found in all legal systems and throughout all ages. This important issue has developed and been enriched over time due to prevailing human thought. Nowadays, all legal schools are unanimous in recognizing the principle of self-defense. The existence of legal rules concerning self-defense serves as evidence for this claim. In spite of the unanimity in recognizing this principle, the conditions under which defensive behavior is regarded as legitimate have not been clearly elaborated. The nature of self-defense and its influence on criminal liability have also been subjects of discussion and debate throughout history. This ongoing debate has contributed to the development of the concept in criminal law. The root of these differing views may lie in the variation in the foundations of defense. The very principle of defense, regardless of its foundation, influences its nature and conditions. Thus, examining the foundation of the legitimacy of self-defense is significant in understanding its conditions and effects. The present article seeks to identify the jurisprudential foundations of self-defense through an analysis of jurisprudential texts based on jurisprudential concepts and literature.
کلیدواژهها [English]
)
