Document Type : Original Article
Authors
1
phd student of criminal law and criminology, faculty of law, theologhy and political sciences, Sciences and Research Branch, Islamic Azad University, Tehran, Iran
2
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Humanities, Shahed University, Tehran, Iran
3
Assistant Professor, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran.
4
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
Abstract
Criminalization by restricting and threatening the scope of freedom, more than any other of the strategies of the government, is subject to the moral judgments of society. This becomes doubly important when the conventional morality of society's direct ownership of criminalization, the most selective tool, is to be established.Legal moralism, unlike other principles of criminalization such as the principle of harm, which have good reasons for entering the field of criminalization, needs the support of conventional morality in the first place, and the challenge reaches its peak when the source of this protection is selected from sacred sources. In the face of acidity, the moral development of society is prone to erosion due to various factors. Ignoring conventional ethics, there is the potential for criminal law and, consequently, sovereignty to be caught in a crisis of legitimacy and rights, which is itself a manifestation of justice, on suspicion of injustice, an issue that governments do not like. Inevitable social and moral developments, in various forms and qualities, discolorize legal moralism to the extent that even in the penal systems of the religion, although with more difficulty and resistance and with their own capacities such as increasing the gap between the stage of proof and proof, its scope He has faced bills in various ways. This article, with a descriptive-analytical approach, considers the moral evolution of society as one of the most important reasons for the erosion legal moralism
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