Document Type : Scientific-research

Authors

• Shayan Akbari ¹
• Ahmad Hajidehabadi ²
• Hassan Alipour ²
• Ahmad fallahi ³

¹ Department of criminal law and criminology. University of Tehran. Iran

² Faculty member of University of Tehran

³ Faculty member of University of Kordestan

Abstract

Understanding the fundamental concepts and institutions of criminal law rights is examined from a philosophical-historical perspective. The discussion of the foundations of state punishment and the right to impose penalties on citizens is presented in a precise manner in Thomas Hobbes's philosophy. Throughout his, Leviathan, the right to punish. Stems from the social contract, and is considered a political right rather than a natural or pre-political one, entrusted to the state. Therefore, all citizens, disgusted by the natural state, relinquish the right to self-defence or the possibility of retaliation. This is considered a natural right for them after facing another violent onslaught, entrusting the protection of freedom and social order to the artificial entity known as the state, in order to end interpersonal conflicts and group disorder, leading to the emergence of sustainable peace. The right of the state to punish individuals has significant implications for criminal rights, including the secularization of punishment, state monopoly in punishing criminals, the establishment of legitimate defense institutions in the penal system, and the occurrence of crimes against the state. These issues are addressed with an analytical and interdisciplinary approach in this study. 

Keywords

• Philosophy of criminal law
• Social Contract
• Hobbes
• Punishment
• Fundamental Rights

Main Subjects

• philosophy