The study of the effects of existentialism school on criminal law

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Aliakbari Shayan; FALLAHI AHMAD

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Journal Paper

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Journal: CRIMINAL LAW RESEARCH Year:2019 | Volume:7 | Issue:27 Page(s): 221-253

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Information Journal Paper

Title

The study of the effects of existentialism school on criminal law

Author(s)

Aliakbari Shayan | FALLAHI AHMAD | Issue Writer Certificate

Keywords

Existentialism

Freedom

Right

Criminalization

Decriminalization

Abstract

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.

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APA: Copy

Aliakbari, Shayan, & FALLAHI, AHMAD. (2019). The study of the effects of existentialism school on criminal law. CRIMINAL LAW RESEARCH, 7(27 ), 221-253. SID. https://sid.ir/paper/266546/en

Vancouver: Copy

Aliakbari Shayan, FALLAHI AHMAD. The study of the effects of existentialism school on criminal law. CRIMINAL LAW RESEARCH[Internet]. 2019;7(27 ):221-253. Available from: https://sid.ir/paper/266546/en

IEEE: Copy

Shayan Aliakbari, and AHMAD FALLAHI, “The study of the effects of existentialism school on criminal law,” CRIMINAL LAW RESEARCH, vol. 7, no. 27 , pp. 221–253, 2019, [Online]. Available: https://sid.ir/paper/266546/en

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