The Nature of the Crime

Document Type : Original Article

Authors

1 Ph.D. Student of Criminal Law and Criminology, Shiraz University, Shiraz, Iran

2 Associate Professor of Law, Shiraz University, Shiraz, Iran

Abstract

The nature of the crime is an interdisciplinary matter of both law and philosophy because for understand the essence for each subject should also pay somewhat attention to philosophy. Two important trends have always been about the nature of the crime, relativity opinion and the essence of belief that each one had a different perception on the nature of the crime. A group like as Relativism for the actions such a crime, consider no good and bad in its essence and see legislators as prescribers and inventors of crimes. In contrast, relativists believe in nature and essence. They believed that some actions are inherently evil and the good, and are reality in the nature, and are detectable by thinking, and are sustainable and fixed and the task of legislators about these actions are discovery.
In contrast to the two extreme views, there is a third trend that deals with sum of these two trends in the nature of the crime, and we called it intermediate trend (two-sided). Proponents for this trend consider for certain crimes the relative nature and for some other the intrinsic or absolute nature, and they believe that behind every act forbidden and lawful, there are interest and corruption that sometimes understood by the intellect and sometimes not. Therefore, for more comprehensive understanding of the nature of the crime, each of these schools has comparatively studied.

Keywords

Academic Journal of Knowledge and Research of Law
Volume 4, Issue 1
September 2018
Pages 55-76

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