In this session we treat the issue of confinement (or deprivation of liberty) as a form of punishment, taking it up as one of the most prominent achievements of new theoretical approaches to criminal law regarding the nature and purposes of punishment. This investigation bears significance insofar as these techniques are congruent with the particular suggestions of the majority of schools and scholars of criminal law, who regard them as acceptable and justified alternatives to capital and inhumane punishment. As the course continues we’ll conduct a brief overview of the history of prisons in Iran, afterwards taking up root concepts of prison and imprisonment and their necessity and motives. In conclusion, we’ll investigate the punitive nature of incarceration based on the concept of absolute deprivation of liberty on three essential grounds: 1.) the punitive nature of incarceration based on the fact that the absolute deprivation of liberty and enforcement of restriction cause deep psychological and physical troubles in the criminal, which expresses that above all else the purpose of subjecting people to incarceration and deprivation of liberty is to punish them; 2.) the accredited legal nature of incarceration, which accord to a given particular legal system possessed of particular qualities – qualities which, for the imprisoned individual, carry a special legal weight and effect; 3.) the compulsory nature of incarceration, which lacks punitive purpose and is thus alien to its legal accredited aspect, inclusive of juridical titles.
In this session we treat the issue of confinement (or deprivation of liberty) as a form of punishment,...
