The Role of Ignorance of Law in Criminal Responsibility According to Virtue Ethics Theory

Articles in Press

Document Type : Original Article

Authors

1 Islamic Law- Faculty of Law- Shahid Beheshti University

2 Ph.D in Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University

10.48308/jlr.2024.232664.2558

Abstract

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.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 14 December 2024

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History

  • Receive Date: 08 August 2023
  • Revise Date: 14 November 2024
  • Accept Date: 14 December 2024

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