The rule of law, which is the result of social structures and collective conscience, has shown interest in the Maqasid approach in the ups and downs of the traditional reading of jurisprudence and is looking for a way out of some of the bottlenecks surrounding corporal punishment and human inequalities in criminal jurisprudence. Legality, respect for human dignity, prohibition of unnecessary punishments, equality of individuals before the law, measurability of the consequences of criminalization, and transparency of its motive and purpose are the most important principles derived from human rights norms that form the basis of criminal justice policymaking. The Maqasid reading of jurisprudence honors these principles and has more or less transformed the criminal laws of some Islamic countries; it provides valuable capacity and experience to the Iranian criminal policymaking apparatus. The Frankfurt School, by participating in the formation of social theory, and by breaking away from the philosophy of the subject and giving importance to the category of intersubjectivity and action-oriented and moral pragmatism, forms the basis of the idea of this article by the method of comparative legal theology, which is opposed to the control-oriented and retributive supervisory discourse, and the solidarity-oriented social control policy. The ray of this luminous window to theoretical criminal law has objective achievements in the criminal law of many countries; which may not be aware that the lenient penal institutions in their legislative developments have been indebted to the transition of penal thought from instrumentalism to relationalism. This article, by the method of comparative legal theology analysis, after analyzing the theoretical foundations of the application of purposeful jurisprudence in criminal justice policymaking law, considers the commonalities of purposeful jurisprudence with the Frankfurt philosophical school to have the capacity to construct a "model of the rationality of criminal policy."
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Khaghani Esfahani, Mahdi . (1403). Constructing the Rationality of Criminal Policy from the Commonalities of Maqasid Jurisprudence with the Teachings of the Frankfurt School of Philosophy. Masar Al_Qanun, 1(3), 14-1. doi: 10.22034/mgh.2024.9994
MLA
Khaghani Esfahani, Mahdi . "Constructing the Rationality of Criminal Policy from the Commonalities of Maqasid Jurisprudence with the Teachings of the Frankfurt School of Philosophy", Masar Al_Qanun, 1, 3, 1403, 14-1. doi: 10.22034/mgh.2024.9994
HARVARD
Khaghani Esfahani, Mahdi. (1403). 'Constructing the Rationality of Criminal Policy from the Commonalities of Maqasid Jurisprudence with the Teachings of the Frankfurt School of Philosophy', Masar Al_Qanun, 1(3), pp. 14-1. doi: 10.22034/mgh.2024.9994
CHICAGO
Mahdi Khaghani Esfahani, "Constructing the Rationality of Criminal Policy from the Commonalities of Maqasid Jurisprudence with the Teachings of the Frankfurt School of Philosophy," Masar Al_Qanun, 1 3 (1403): 14-1, doi: 10.22034/mgh.2024.9994
VANCOUVER
Khaghani Esfahani, Mahdi. Constructing the Rationality of Criminal Policy from the Commonalities of Maqasid Jurisprudence with the Teachings of the Frankfurt School of Philosophy. Masar Al_Qanun, 1403; 1(3): 14-1. doi: 10.22034/mgh.2024.9994
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