فهرست مطالب salman emrani

An important issue that has been neglected in research on the analysis of legal theoretical foundations is the epistemological analysis and description of the theoretical structure of this science. Some jurists believe that legal knowledge is an independent knowledge that defines its concepts and principles; Others, on the other hand, believe that concerning defining and explaining basic concepts and principles, law and its branches, despite their methodological independence, are inevitably bound to follow the definitions provided by other sciences. Using the definition of “knowledge structure” provided by justification theories, the first group can be described as “cohesive” and the second group can be analysed according to “fundamentalist” criteria. In this article, an attempt is made to first analyse and evaluate the effects of coherence and fundamentalist approaches in legal theories, and then to examine the impact of each of these two approaches in the analysis of criminological theory. Since criminological theories are committed to upholding the fundamental values of society and regulating the coercive relationship between the state and man through the use of “power” and coercive power, the analysis of its epistemological structure has significant effects and dimensions. Consequently, if the structure of criminology is analysed with a coherent approach, problems such as “lack of input”, “infinite sequence” and the challenges of justifying extrajudicial statements will arise. In contrast, fundamentalist analysis of criminality makes it possible to speak of “political limitations of criminal law” instead of “moral constraints of criminal law”.

Crime reporting is one of the tools that have been used in the light of the implementation of cooperative criminal policy and have significant effects in terms of crime prevention, improving the transparency of the criminal justice system, compensating the gaps in the process of prosecuting crimes, improving criminal statistics, reducing the costs of the criminal justice institution, and preventing impunity. In Iran, due to the position of jurisprudence and the application of laws and regulations to it, the relation of this institution to the foundations of jurisprudence has a special position. In this research, the arguments and bases of both groups for and against crime reporting are pointed out, but the findings of this research show that based on many jurisprudential rules and rulings and by observing some rules in the field of crimes such as crimes against chastity, this mechanism can be used to control crime in Islamic society. It should be mentioned that this use should be in such a way that the reputation of Muslim people is fully preserved and their dignity is not damaged, and on the other hand harms such as backbiting, gossiping and spying do not spread in the society.

The literal meaning of “discrimination” does not imply whether it is positive concept or not, but in term of law it is a negative concept. “Positive discrimination” as an emerging concept of public law, has entered from comparative studies to the domestic debates. Due to some ambiguities about this concept, the constitutional legislator has used the concept of " legitimateness of discrimination", the theoretical development of which can pave the way for the realization of "justice" in the meaning intended by the constitutional legislator. So, the main question of the present inquiry is “to investigate the theoretical differences between positive discrimination and licit discrimination and the approach of the legal system of Iran to these concepts”, which has been studied by descriptive-analytical method. In the continue the relationship between “indigenous employments” and “licit discrimination” is explored as a case study. The results of this study showed that there is an inseparable relation between “licit discrimination” and “justice” in the Constitution of the Islamic Republic of Iran. The meaning of the “justice” is also close to the “proportionality”. “Positive discrimination” that rooted in “equality”, has no place in the legal system of Iran. In the case of Indigenous employments, each instance of employments should be presented on the concept of “licit discrimination” by considering the distinguish between Indigenous employment in normal and deprived areas. The procedure of the Court of Administrative Justice has also accepted this distinction.

Crime, deviance and social harms; these are phenomena that have affected human societies throughout history, and to prevent it and create security in society, various thinkers in the fields of sociology, psychology, criminology and the like have used various criminal and non-criminal measures. With the ineffectiveness of criminal measures alone, new theories of preventive measures based on non-criminal methods were proposed to reduce the grounds for crime in society. One of the non-criminal methods is the involvement of social and popular institutions to strengthen the resistance factors and reduce the risk factors.

This research, considering that it is both a historical research and an attempt to identify phenomena between objects; It utilized a documentary method that is considered descriptive-analytical type.

In the present study, on the one hand, the effect of the board on the dimensions of human existence, namely theoretical intellect (insight) and practical intellect (tendency) and its role in crime prevention were looked at and on the other hand, the social dimensions of the board and its organization.

The research findings show that by using the capacities of religious organizations as a non-governmental social institution, while socializing, modeling and identifying the young generation, criminal insight, motivation and behavior can be deprived of theoretical and practical reason by flourishing and evolving.

Childhood is undoubtedly the most important period of human life, the personality of each person has been formed in this period and how to spend this period has pressed the role of human acceptance in other periods of life. The United Nations has also stated that crime prevention guidelines should focus on childhood. The education system of each country has an irreplaceable and decisive role in educating the next generation and preventing the tendency of children and adolescents to delinquency. The purpose of this study is to investigate why, how and the effect of delinquency and child victimization in the education system with a preventive approach.

This research is applied in terms of purpose and has been conducted in a descriptive-analytical method using new scientific sources and secondary analysis of theoretical and predictive research.

based on the research findings, school functions increased in three aspects of growth, socialization and counting control, as well as school construction and performance functions and its effect on usability.

The research showed that there was a special and close relationship between school factors (both structurally and functionally) with the process of delinquency of children and adolescents. Although this relationship is not really a cause and effect, but in general there is a high correlation between them.

With regard to crime in human societies, "crime prevention" is considered to be the most important strategy for combating crime and crime, which is of utmost importance among various preventive measures and its types, "social prevention of crime". In social prevention, the causes and factors of crime, including the causes and factors of economic, social, cultural, etc., are investigated and their purpose is to prevent the emergence of thought and criminal decision in the minds of individuals that special attention to this type of prevention Institutions and social groups such as family, school, peer group, etc. Among these institutions and social groups, Religious hey'ats have many capacities and functions that, unfortunately, have been somewhat neglected. Religious hey'ats, as a social institution of the people, can, in the case of "correct explanation" and "adherence to certain principles," by liberating their capacities and operating their functions, have a special place in crime prevention, and vice versa; if this institution correctly It can not be explained or adhered to the principles governing it, and it can cause distortion and distortion. In this paper, social monitoring is described as one of the main functions of religious hey'ats that has an effective role in preventing crime, and has been dealt with in various aspects and how it functions in prevention. It should be noted that religious hey'ats have many functions that are addressed here only to its main function.

The "Commanding Right and Forbidding Wrong" is among the institutions that have a special place in Islamic criminal policy. This institution, also is one of typical Collaborative criminal policy, influencing all stages of the formation of criminal phenomenon, its role in reforming society, crime prevention, and control of all social relations, make that definitely special in Islamic criminology and crime prevention in Islam. Since the effect of this institution, even in the works of authorship secular also been considered, has been tried to study a comparison between the Criminological Theories that have subscription theoretical or practical with the "Commanding Right and Forbidding Wrong" with dimensions’ criminology in need of close contemplation and examination. Based on the analysis of the elements of Commanding Right and Forbidding Wrong, it’s similarities with the teachings of Broken windows theory, social control, Social learning theory, imitation theory, differential association and social cohesion is analyzed. Besides the difference and gaps in the functioning of Commanding Right and Forbidding Wrong, ideas in conformity has been considered.

In the legal system of Iran, following the Islamic jurisprudence, father and paternal ancestors, will not be sentenced to death penalty (Qisas) due to intentional murder on their children and grandchildren. Extending this rule to mother and maternal grandfathers and grandmothers is impossible. In this case, The Iranian penal code, adopted in2013, has made some progress compared with the previous law such as non-monopoly article 301 in cases of murder and extend it to all theintentional crimes, clarify the rule of not having paternal relationship and the need to proveo therwise by criminalin Article 309, and also clarify the rule of not Inheriting nemesis by criminal in Article 357 of the law. On the other hand there are defects in the current law such asthe silence of the lawabout Permissibility or impermissibility demand retribution from the father of his childas the heir of the victimthatcomments jurists in this case is Impermissibility. Generally the current lawcompared with the former lawis in a better position and resolvedefects of the law inthe next reformwill add strength and certaintyof law.

Diat's book on the Islamic Penal Code is one of the topics that has undergone many changes due to the void of law of 1370 as well as its new affairs. Since the new regulations are in some cases lacking the legislative process, it naturally requires an analysis and study of the impact on the criminal law system, in addition to discovering the dimensions of the new developments, the ambiguities and deficiencies in the new legal material have also been discovered and in future amendments to the law Pay attention. In this research, it has been tried to infer and evaluate the legal and legal approach of the legislator by analyzing the foundations of the articles of the Penal Code adopted in 1370 and the articles of the Penal Code adopted in 2013 on Diat. The legislator seems to have focused on a special focus on the fatwa of Imam Khomeini in the 1991 law enacted to a combination of his fatwa, popular fatwa, and the fatwa of the Supreme Leader. Some of the changes have also been motivated by the unraveling of previous judicial problems, and some others have been taken into account by the Islamic Penal Code in the wake of the jurisprudence of the Guardian Council.

Since the description of "universality" is one of the most important attributes of "human rights" recognized in the present age, the theorists have extensively attempted to analyze the principles of universality of human rights. Moral theories as extra-legal solutions are one the most important directions to achieve this goal in a way that recognizing the human rights norms as moral ones have been the greatest reason for proving the universality of human rights. The examination of moral theories having the capacity of presenting the universal norms indicates the allegations posed in this regard aren’t true; Even the Kant’s moral theory presenting the moral rules as universal and humanistic, in addition not to cover a very important part of the human rights aspects, is faced with many theoretical problems. The research method is analytical.