Culmination of Law

Culmination of Law

Comparative research on the place of will and intention in law, philosophy, psychology and sociology

Document Type : Original Article

Authors
Mohamad Farzadi 1
Seyyed Mansour mirsaeedi 2
Abdollah Khodabakhshi 3
1 PhD student in Criminal Law and Criminology, Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran
2 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran
3 Assistant Professor of Private Law, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Iran
10.22034/thdad.2023.1999878.2416
Abstract
The discussion of will and intention is one of the most important issues that thinkers in human sciences have entered into.Mentioning this issue is especially important and remarkable because, theories that consider humans to be subject to natural factors and fully believe in absolute determinism and involuntarily of humans in various affairs and issues, are completely Color is lost and instead, man is considered an effective factor in daily actions and affairs. There are important effects on the distinction between voluntary actions and behaviors and involuntary actions and behaviors that cannot be neglected.If we believe in the absolute involuntary nature of man in his actions, naturally there will be no discussion of man's responsibility for his actions, but if we accept a certain amount of agency and will for man in committing his actions, then, not only on the impact of man on the events around him We have also signed, but he can also be held responsible for what he has done.Therefore, the inevitable result of believing in human's will and intention in his behavior is that he is responsible for his behavior.Although this issue may be more related to the field of legal knowledge, the discussion of human will and intention is not limited to this human knowledge, but is also discussed in philosophy, psychology and sociology. In this article, the category of human will and intention has been discussed and investigated from a legal, philosophical, psychological and sociological point of view.The result has been that none of these human sciences have fully accepted the absolute subjugation and apathy of man in the occurrence of behaviors and actions, and basically, this is not accepted and consistent with the standards of common sense, and therefore in all these sciences, having a will in daily actions and behaviors is accepted.
Keywords
Will
intention
voluntary behavior
law
philosophy
sociology
psychology
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Culmination of Law
Volume 10, Issue 3
Winter 2025
Pages 211-244