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Information Journal Paper

Title

Expressing Minimalistic Criminalization in the light of Moral Aspects

Pages

  327-344

Abstract

 Principally, rules of law are composed of the sentences and the guarantees of the performances, and each legal ruling is supported by one or several sanctions, so that the book of law does not become a mere recommendation, and the sanctions system will guarantee the implementation of legal acts. Since these legal imperatives undermine the Freedoms of individuals, they are simply necessary in the need of social life. On the other hand, much of this sanction, which is allowed only in cases of necessity, is non-criminal, and only a small portion of the sentences require strong support, including criminal sanctions. On this basis, it can be said that in minimum law making, the criminal law making will be the minimum of this minimum. This viewpoint can be explained and described with various approaches, including an ethical approach. Ethical look at the community does not require legal regulation and affects the free will of individuals in fear of enforcing sanctions. Extending the ethics in society and creating a platform for committing moral acts requires the Freedom of the will of individuals in the pursuit of their intentions, so that if a famous verb and monk have left the refusal, this verb and the verb is due to the moral sentiments of individuals, and not from legal fear. We must have a society with ethical behaviors consisting of ethical people. Human beings that are not legally performance but with complete Freedom of way. This interpretation, which results in the denial of legal requirements and in particular of the penal requirements, is a radical approach from the few who chose the Anarchist approach, and the modification of this theory could serve to serve minimalistic criminalization.

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    APA: Copy

    ZARNESHAN, SHAHRAM, & Shojaei Nasrabadi, Mohammad. (2018). Expressing Minimalistic Criminalization in the light of Moral Aspects. CRIMINAL LAW AND CRIMINOLOGY STUDIES, 4(2 (9) ), 327-344. SID. https://sid.ir/paper/260748/en

    Vancouver: Copy

    ZARNESHAN SHAHRAM, Shojaei Nasrabadi Mohammad. Expressing Minimalistic Criminalization in the light of Moral Aspects. CRIMINAL LAW AND CRIMINOLOGY STUDIES[Internet]. 2018;4(2 (9) ):327-344. Available from: https://sid.ir/paper/260748/en

    IEEE: Copy

    SHAHRAM ZARNESHAN, and Mohammad Shojaei Nasrabadi, “Expressing Minimalistic Criminalization in the light of Moral Aspects,” CRIMINAL LAW AND CRIMINOLOGY STUDIES, vol. 4, no. 2 (9) , pp. 327–344, 2018, [Online]. Available: https://sid.ir/paper/260748/en

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