Document Type : Original Article
Authors
1
PhD student in criminal law and criminology, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Science and Research Unit, Islamic Azad University, Tehran, Iran.
2
Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University of Tehran, Iran.
3
Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
4
Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
10.22034/thdad.2022.533930.1859
Abstract
Moral vices, as one of the criteria of moral reproach, involve "purely immoral" behaviors. Therefore, the present paper will examine the challenges of criminalizing these behaviors from the perspective of self-governance theory and the principle of harm. And it argues precisely that the criminalization of certain moral vices violates the right of citizens to self-determination. Therefore, criminalizing these behaviors will not be justified. On the other hand, from the point of view of the theory of virtue, a moral vice is not a sufficient condition for criminalization. Moreover, assuming that the criminalization of a vice is justified on the basis of a reading of the principle of harm, Then, it cannot necessarily be said that the application of criminal law against this behavior is effective.
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