Theorizing the enactment of the penalties, the restoration and the abolition

2018 edition

Mina Farhani

Whereas, for many European citizens, the inhuman and degrading treatments or punishments have been abolished since a while, torture, slavery and capital punishment still exist in many countries and, also, are supported by their legal codes. Despite unremitting endeavor of the humanitarian assemblies, yet, it is not as simple as that to abolish a code and enact the other one, especially an old one which normally lasted and influenced on the common culture to that degree that is considered as a sacred religious belief. Besides, the enactment of law codes depends on many factors such as political, cultural and socioeconomic factors among which the more importance belongs to the political system of the region which intends to legislate or abolish a code. This factor not only influenced on the abolition and enactment of the penalties, but also on their restoration. To explain it better, for instance, in the case of capital punishment, even though the democratization and democratic transition are more feasible to target the abolishment of the death penalty due to their probable respect for the human rights and the incompatibility of their basic principles with the inhuman punishments, the rate of the criminal acts after abolishment of the death penalty plays a specific role in restoring the mentioned penalty. Also, the religious, cultural and economic factors influence on the decision on restoring or abolition a penalty. The more developed a country, the more probable to abolish an inhuman punishment and, in the same way, the higher level of economic inequality, the lower probability of abolishing the capital punishment.
This thesis will study the theorizing and replacement of the penalties, especially the capital punishment regarding its profound influence on the legal and social system, and due to the everyday endeavor of International Amnesty, the United Nation and the people who are searching and often die for freedom, liberty, justice, and peace. And the importance of the thesis is in its purpose which is paving the way for abolishing the inhuman penalties such as capital punishment, a goal that is not possible without acknowledgment of the fundamentals of the criminal law and especially the theories of abolishing the old legislation and enact a new one.