| Abstrakt: |
Throughout history, punishments have undergone significant changes as a result of being a social institution and phenomenon, with the types and severity of punishments being influenced by historical and social developments. When discussing the evolution of punishments in European legal literature and related works, the focus is typically on the progression and alterations in legal punishments, often referred to as "state punishments" today. However, the nature of punishments in Iran has been distinct, especially prior to the establishment of a codified law that would allow for the examination of the evolution of state punishments. This period marked a notable and substantial transformation in Iran's criminal history when punishment became legally institutionalized in the Constitution, followed by the introduction of the Customary Penal Code of 1295. Despite efforts by thinkers and officials, such as Amir Kabir and Mirzā Hossein Khan-e Sepahsälär, to reform the penal system, including punishments, progress was slow prior to the rise of constitutionalism and public concerns about the legalization of punishments. It was the shift in cultural values, whether through the emergence of new values or the reordering of existing cultural values that ultimately paved the way for the legalization of punishments. Therefore, it is important to explore how cultural values justified the irregularity of punishments during this period and examine how changes in these cultural values led to the systematization and codification of the punishment system. This research posits that the prominent issue in this era is the changing cultural values, particularly the growing societal insistence on law enforcement, which can be seen as the primary catalyst for the legalization of punishments. [ABSTRACT FROM AUTHOR] |
