فهرست مطالب shayan akbari

Inflicting pain and suffering on the human and imposition of punishment and special forms of it called execution has always been a philosophical topic in various fields; is imposing the most extreme pain and suffering on another-in the form of the death penalty-moral and justified? The answer to this question has been expressed by relying on the functions of this punishment and moral correctness of its nature has been given less attention. Albert Camus is one of the writer and philosophers who are discussed in this issue. From his point of view, the execution is murder under the name of the law and cannot have a justified legal basis. In particular, such punishment, as evidenced in history, has been unable to fulfill its functions, and the inappropriateness of the death penalty is due to its incompatibility with the philosophical and moral foundations of life, the lack of examination of the parameters involved in committing a crime, the conflict with the principle of the personal nature of punishment, and the immorality of the objection of pain. Intentional infliction of pain resulting from execution shows is a reorganization of “killing” and its depenalization of it, is a step towards protecting human life.

The Shahnameh that wrote by Abolghasem Ferdowsi Tusi, an iranian poet, about one thousand years ago is not only a literary and simple book, but also an essential and fundemental part of Iranian culture and identity. Interpreting and analyzing this huge book by interdisciplinary approaches and using different knowledge; primarily, criminal science can lead to its revival providing the readers with profound insight. The legal ontology of the world of Shahnameh introduces the concepts and historical legal institutions of ancient Iran to us. The essay is mostly a review and understanding Iran's law history that lets us briefly review some aspects of criminal procedure in ancient Iran. In this regard, by interpreting of Siyavash's story, we have attempted to compare the principles of fair trial to Siyavash criminal process. We have studied the story by a narrow-minded approach based on interpreting the "Innocence principle", "unification of investigation procecution" and "Ordeal".

Existentialism is a philosophical school that gives a special importance for two principles of "freedom" and "responsibility". Jean-Paul Sartre, with philosophical arguments, comes to the conclusion that "human is condemned to freedom" and thus perceives the deepest possible form of freedom for human. Given the freely-centered approach of existentialism and because the concept of freedom enjoys a distinguished standing in the school, involvement of idea and components of the school in the world of criminal law gives us a significant analysis and inferences. By examining the demands of existentialism in the field of criminalization and decriminalization, it is evident that any restriction of personal freedom is in confrontation and conflict with the principles of existentialism and accordingly, the theories of paternalism and legal moralism, according to this school of thought, are threatening the individual freedoms. According to the idea of existentialism, resort to criminalization is permissible when freedoms of individuals are subject to damage. In this regard, the scope of individual freedoms in criminal law is broader, it will be closer and more compatible with existentialist demands and vice versa, limitation and narrowing individual freedoms and extreme and maximum criminalization will be in contrast to criminal approach of existentialism.