Philosophical Foundations reluctance to fulfill crime

Subject Areas : فلسفه اسلامی

Somayeh  Rahimian Guar ¹ (Master student of criminal law and crime ,Department of criminal law and crime, faculty of law Theologyand political science, Tabriz Branch, Islamich Azad University ,TABRIZ ،Iran, Department of criminal law and crime East-)
Reza  fani ² (PhD in criminal law and crime university of Tehran, Assistant professor , Law group ,schoole of Theology and Islamic Encyclopendia, Shahid Madani university of Azarbaigan- Tabriz -Iran)

Received: 2017-05-15 Accepted : 2017-08-06 Published : 2017-08-23

Keywords: reluctance to crime, philosophical basis of crime, reluctance, crime,

Abstract :

In the scientific study of law, there are two methods, one of which is to examine the basis and the other to analyze its nature and function. In the study of the nature and function of the legal system, knowledge of the general structure is obtained, which is the recognition of the result and outcome of the historical origins and history of its formation. So that the lack of mastery in the historical root and the formation of a legal meaning of its functional meaning is questioned and its effects can be excluded from its exact form. This procedure is the mission of the philosophical analysis of law, which historically focuses on the roots of the definition of words on legal meanings. The philosophy of law tells us essentially what rules and how to enter the law. The philosophy of reluctance in Iran and other countries has a precedent that acknowledges or rejects the effects of reluctance in realizing the crime as one of the factors justifying criminal responsibility.Accordingto the historical and philosophicalbackground of the legal entity, there is a reluctant direct effect on the realization of the crime, as well as on the punishment and non-punishment of the accused