نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Social deviance encompasses patterns of conduct that contravene the accepted norms and values of society, thereby undermining its moral and social order. This study aims to examine and elucidate the role of criminal law in the control and prevention of social deviance by addressing the following questions: To what extent can coercive legal mechanisms and criminal sanctions effectively respond to social deviance? What is the proper role of criminal law in confronting such behaviors, and what strategies and instruments are required to achieve effective and sustainable outcomes? Employing a descriptive-analytical methodology, this research explores the scope and limitations of criminal law in addressing socially deviant conduct. The findings indicate that although criminal law constitutes an indispensable instrument for controlling and combating social deviance and reinforcing social norms, its exclusive reliance, without the support of cultural, educational, and preventive strategies, is neither sufficient nor effective and may, in certain circumstances, generate adverse social consequences. From the perspective of Islamic jurisprudence and criminal justice philosophy, criminal punishment should be imposed within a rehabilitative framework aimed at the offender's reintegration into society rather than being founded solely upon a retributive rationale. Accordingly, notwithstanding those exceptional sanctions whose primary objective is the protection of society, the principal purpose of criminal punishment in the majority of offenses should be the rehabilitation and social reintegration of offenders as constructive members of society, rather than the mere infliction of punishment as an end in itself. The effective control of social deviance therefore depends upon maintaining a balanced and well-calibrated interaction between criminal and non-criminal mechanisms, including cultural, educational, and social measures. In this regard, the adoption of a differentiated criminal policy, whereby each category of socially deviant behavior is addressed through an appropriate and proportionate criminal or non-criminal response, offers a viable framework for mitigating contemporary social challenges. Within such a model, criminal law functions not as the primary instrument of social regulation, but rather as a measure of ultima ratio (last resort), complementing broader cultural, educational, and preventive policies.
کلیدواژهها English
