جستجوی مقالات مرتبط با کلیدواژه « social control » در نشریات گروه « فقه و حقوق »

This article tries to shed light on some Islamic foundations and concepts ‎according to which decriminalization becomes either permissible or necessary. Among ‎those foundations is insistence of Islamic teachings on different rights and freedoms of ‎citizens and particularly those return to their privacy. Islamic teachings also insist ‎promotion of good and virtue through free choosing of citizens rather than coercive ‎and external bans and restrictions. This approach, in its turn, requires a minimalistic ‎criminalization and occasionally decriminalization. Sometimes, experimental findings ‎achieved from criminalization suggest decriminalization. Religiously, these experiments ‎are valuable and cannot be belittled or ignored. Decriminalization in its Islamic reading, ‎however, in no way, consists with removal of blame from behaviours which are ‎religiously condemned and evaluated as evil. What is religiously assumed as vice cannot ‎be normalized or destigmatized. However, since criminalization follows some practical ‎considerations, every single evil is not, necessarily, a crime. Moreover, fighting evils is ‎not limited to criminalization or insistence on keeping a behaviour criminal.‎

One of the important materials needed in educational activity as well as important chapters in educational jurisprudence is to pay attention to educational methods and solutions that have important solutions in the field of education. Among those solutions that exist in Islamic Sharīʿa, and corroborated by considerable verses and traditions in this field, is "social boycott". It is meant to create some kind of psychological pressure in the context of society as a result of certain deprivations that are created for a person.This research, using the method of qualitative content analysis by collecting verses and narrations related to social boycott and studying their implications, aims to investigate the various dimensions of "social boycott" which should be considered as an educational method. The audience of boycott, the time frame of boycott, the effect and purpose of boycott, the factors responsible for boycott and also the levels of boycott from severe to weak, are the novelties of the research that are derived from verses and hadiths.

Drug addiction is a social phenomenon which depends upon various factors resulting from collective, environmental life and the limitations of social structure. This study investigates the reasons of industrial drug addiction in Zanjan from the perspective of criminology.The methodology is causal-comparativeand the population includes the addicts in the Navay-e-Aramesh, Baharan, Toloo-e-Rahaei camps and Mehr addiction counseling center. The sample includes 100 subjects of those available in these camps selected through simple sampling. Pearson, spearman statistical tests and stepwise multiple regression were implemented with SPSS to analyze the data. Based on the findings of this study, the respondents are mostly aged 20-30, their marital status is chiefly unmarried, their education is middle-school certification or diploma; their father's education is mainly elementary or illiterate, their consumption is largely crystal and heroine, their first consumption's age is 13-18, and friends have a large influence in their addiction. The results show that there is a significant relationship among social control, social learning, failure and addiction to theindustrial drugs. According to the regression analysis, the most effective factor on this problem one are respectively social learning.The results of this study indicate that social and environmental factors on addiction toindustrial drugs are effective and outcome of this study, are consistent with Cohen's theories, Sutherland and Hirschi.

Travis Hirschi and Michelle Gottfredon, in justifying how crime was committed, first articulated the theory of social control and then the general theory of crime. According to these two theories, people who have committed a crime, or at least the rate of crime committed by them, is very small, which is defined by four constraints, which are: Involvement, Correlation, Commitment and Belief to be controlled. Then, with the development of this theory, they came to the conclusion that in addition to the above four constraints, it is necessary to motivate and institutionalize self-control in childhood and mainly from 7 to 12 years old by proper upbringing and various teachings in children. Preparing forms based on the above theories and conducting interviews with about 600 people sentenced to imprisonment in various crimes in Kermanshah and Evin Tehran Central Prisons as a scientific solution to determine the extent of the impact of these theories is the subject of this study.

Decriminalization is often accepted in different criminal law systems due to its philosophical-moral foundations. However, less attention is paid to the challenges of decriminalization. The aim of this article is to defend decriminalization in a framework while evaluating its challenges. There are some bases that support decriminalization. Among them are inefficiency of criminalization in controlling criminality, insistence of Human Rights and Islamic teachings on minimum interference in the rights and freedoms of citizens and the necessity of morality development through the elimination of external restrictions and coercions. Decriminalization, meanwhile, may violate the rights of victims and defendants. According to the findings of this research, it is possible to overcome these challenges through providing non-criminal sanctions such as civil, administrative and insurance ones in order to protect victims. There is, also, room for generalizing the rules of fair trial to non-criminal cases. Therefore, decriminalization is not only acceptable with regard to unnecessary crimes, but also necessary in some cases.

Based on the current approach، to ascertain and enforce the sanctions in law is one of the exclusive functions of governments. But the deeper examination reveals that many transactors prefer non-legal sanctions. At first glance، this self-enforcement mechanism seems to be contrary to legal fundamentals. Therefore، these sanctions are contested in law. This article is an attempt to consider a new approach. The article represents the multi- faced concept of sanction and tries to outline obvious reasons for preferring non- legal sanctions. The article focused on soft law because in this new branch of law، the honor of obligations is based on reputational cost and not coercive third- party mechanisms. As a result it is safe to say that in spite of what is accepted in traditional legal theories، compliance of obligations is widely influenced by non- legal sanctions.