EXIGENCY, COERCION, AND DURESS: FROM SYNONYMITY TO DIFFERENCE IN MEANING

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

GHOLAMI ALI

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2012 | Volume:13 | Issue:1 (35) Page(s): 39-71

Download Full-Text

Persian Verion

View:

17,718

Download:

Cites:

Information Journal Paper

Title

EXIGENCY, COERCION, AND DURESS: FROM SYNONYMITY TO DIFFERENCE IN MEANING

Author(s)

GHOLAMI ALI | Issue Writer Certificate

Keywords

EXIGENCYQ2

COERCIONQ2

DURESSQ2

FREE WILLQ2

CONSENTQ2

Abstract

EXIGENCY, COERCION and DURESS are raised as three elements disturbing intention in the foundations of criminal capacity. Most experts in law study them under two separate titles, i.e. COERCION and DURESS as one and the same title, and EXIGENCY as a different one. This distinction has been recognized by legislators before and after the Islamic revolution.So in the relevant articles, COERCION and DURESS have been considered synonyms having the same bearing and conditions. However, these three concepts seem to be different each having its own definition and conditions. COERCION is the outcome of pressurizing somebody by a human or non human agent in which the coerced one loses his FREE WILL and freedom.If pressure does not give rise to lack of FREE WILL and freedom, in case lack of CONSENT and peace of mind emanates from a non human agent, EXIGENCY is the result. Of course, EXIGENCY may have an indirect human origin. However, if lack of CONSENT and peace of mind limits FREE WILL and freedom not to the extent of their elimination, happening by a human agent, there would be DURESS. Therefore, COERCION and DURESS are two separate institutions distinguished by their creating agent, and extent of freedom, and FREE WILL, having different titles and bearings.

Cites

No record.

References

Cite

APA: Copy

GHOLAMI, ALI. (2012). EXIGENCY, COERCION, AND DURESS: FROM SYNONYMITY TO DIFFERENCE IN MEANING. ISLAMIC LAW RESEARCH JOURNAL, 13(1 (35)), 39-71. SID. https://sid.ir/paper/229455/en

Vancouver: Copy

GHOLAMI ALI. EXIGENCY, COERCION, AND DURESS: FROM SYNONYMITY TO DIFFERENCE IN MEANING. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2012;13(1 (35)):39-71. Available from: https://sid.ir/paper/229455/en

IEEE: Copy

ALI GHOLAMI, “EXIGENCY, COERCION, AND DURESS: FROM SYNONYMITY TO DIFFERENCE IN MEANING,” ISLAMIC LAW RESEARCH JOURNAL, vol. 13, no. 1 (35), pp. 39–71, 2012, [Online]. Available: https://sid.ir/paper/229455/en

Related Journal Papers