نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
This research examines the role of legal moralism as a fundamental criterion in the criminalization process, with a focus on the Iranian legal system. The present study was made by using a descriptive approach and library-based research and shows that perspectives in this field are largely divided between proponent and opponent. The proponent of legal moralism, consider morality as the foundation of social cohesion and emphasize on the necessity for lawmakers to protect it in order to strengthen social solidarity. In contrast, opponents, highlighting the relativity of morality and it's potential conflict with individual freedoms, view the imposition of moral principles through law as a threat to the effectiveness of the criminal system. In the Iranian legal system, given the principles of Sharia and the collective conscience, legal moralism occupies a prominent position; however, it's application must be based on logical, legal, social, and ethical criteria. This ensures that while individual rights and freedoms are protected, the moral values and norms of society are maintained and social stability and cohesion are guaranteed. Such a balanced approach allows for the coexistence of adherence to collective morality and the safeguarding of individual rights.
کلیدواژهها English
