Document Type : Scientific-research
Authors
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 punishment and the state's right to impose penalties on citizens is viewed in a serious and precise manner in Thomas Hobbes's philosophy. By reading his main and important book, Leviathan, it is understood that the right to punish, stemming from the social contract, 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, which was 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 statet's right to punish individuals has significant implications for criminal rights, including the secularization of punishment, state monopoly in punishing criminals, the establishment of legitimate defence institutions in the penal system, and the occurrence of crimes against the state, which are among the most important issues addressed in this study with an analytical and interdisciplinary approach.
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