نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق جزا و جرمشناسی، دانشکده حقوق و علوم سیاسی، دانشگاه شیراز، شیراز، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The explanation and analysis of “criminal behavior” throughout the evolution of modern thought, from the beginning of modernity to the present day, has taken various forms, and the nature of these formulations has influenced the quality of explanation and the determination of the criminal response. The mechanistic view of modern thought, which begins with René Descartes, provides the basis for explaining crime in terms of mechanical necessity, a perspective that reaches its culmination in Baruch Spinoza, the greatest expositor of Cartesian philosophy; thus, freedom is interpreted within necessary and causal relations, and human will is confined within the framework of philosophical and metaphysical determinism, while the offender is defined as lacking moral responsibility and criminal culpability. Kant’s Copernican Revolution moves modern thought beyond Spinoza’s substantialist approach and necessity-oriented view, and provides the basis for reinterpreting criminal behavior within necessity-oriented thought based on the scientific and positivist paradigm; this time, too, the offender is regarded as lacking moral responsibility and criminal culpability. Although these two necessity-oriented perspectives analyze crime deterministically, their epistemological foundations are entirely different: the former takes shape within the pre-Kantian epistemic world, while the latter takes shape within the post-Kantian epistemic world. Despite the similarity between the two approaches in terms of their deterministic and necessity-oriented logic, their practical and strategic implications for the criminal justice system are different, and each leads to a particular view of the nature of crime, punishment, and criminal policy that is distinct from the other.
کلیدواژهها [English]
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