Journal of Criminal Law and Criminology

Journal of Criminal Law and Criminology

Procedural or Substantive Modernization? A Perspective on the Relationship Between the Criminal Law System Depicted in the Treatise "One Word" and the Concept of Modernization

Document Type : Original Article

Author
Postdoctoral researcher, History of Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran
Abstract
From the beginning of the 19th century, Iranian statesmen, by taking European countries as models, began efforts to modernize the country, particularly in military fields. From the second half of this century, with the introduction of the concept of law into the Iranian legal literature, the need for the reconstruction of the legal system also emerged. The thinkers of this period believed that law was an indispensable tool for the country's progress and a fundamental step towards modernization. Mostashar al-Dawlah was one of the first thinkers who, by writing the treatise "One Word," attempted to introduce the concept of law to Iranian society. The discussion on the principles of criminal law constitutes an important part of this treatise. In light of these principles, the Mostashar al-Dawlah has attempted to incorporate the law within the framework of existing foundations. An analytical examination of the criminal law system outlined in the treatise "One Word" can clearly demonstrate, firstly, what the position of Mostashar al-Dawlah is regarding the existing foundations and sources of law, which ones he deems in need of transformation, and secondly, whether his desired legal system can be considered modern or not. To this end, this article will comparatively examine the modern legal system in Europe and the desired penal system of the Mostashar al-Dawlah at three levels: foundation, source, and objective, to demonstrate that the law proposed resembles the concept of law in modern legal systems only in form, not in substance.
Keywords

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