نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه حقوق اسلامی- دانشکده حقوق- انشگاه شهید بهشتی
2 دانش آموخته دکترای حقوق کیفری وجرم شناسی، دانشکده حقوق، دانشگاه شهید بهشتی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In recent decades, virtue ethics theory has attracted the attention of scholars of criminal law. In moral evaluation of the behaviors, this theory emphasizes factors such as moral traits, the role of habituation and significance of learning the quiddity of values in habituation of virtues to become a state of character and second nature of man. Similarly, it insists the role of motives of moral agent for his actions by referring to his character. In this way, this moral theory provides a different reading of ignorance of Law and a new perspective to bases and qualifications of blaming the behaviors that stem from ignorance. Consequently, the theory guides towards an appropriate manner of treatment with ignorant agents. Adopting a descriptive-analytic method, the main concern of this article is to study the proper reaction to ignorant agents, and character vices in criminal responsibility and suggest a base for reacting to this kind of agents. According to virtue ethics theory, actions stemmed from ignorance of the law are assumed voluntary and a cause for blame. To assume the agent responsible in this case, however, faces some challenges which are discussed in the article.
کلیدواژهها [English]
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