Iran's criminal law in terms of Max Weber's theory of rationality

Document Type : Original Article

Authors

1 Department of Law, Criminal Law and Criminology, Faculty of Law and Political Science , Ferdowsi University, Mashhad, Iran.

2 Department of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University, Mashhad, Iran.

10.22034/jclc.2023.409021.1890

Abstract

Evaluation has always been necessary and worthy of attention as one of the elements and pillars of the systematic policy-making process. Because it can help to develop new approaches for law enforcement as well as improve legislative policy and increase the effectiveness of laws. Max Weber's theory of rationality is one of the practical methods that is suggested by relying on the analytical method to evaluate the criminal legislative policy.
Max Weber's theory of rationality emphasizes the management of affairs based on scientific, concrete, logical, calculable and predictable criteria. In fact, this theory has indicators that can be effective in the field of law and especially legislation. In this article, by modeling this theory and its indicators, this theory has been explained as one of the methods of evaluating the criminal legal system in order to systematize and double the effectiveness of the criminal policy, to comply with the indicators. This theory, including the ability to predict, the ability to evaluate, respect the public interest, the ability to calculate, overview, and systematicity, should be taken into consideration by the activists of the criminal policy of Iran.

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