Criminal Law in the Struggle between Instrumentalist Wisdom and Communicative Wisdom; From the Perspective of the Frankfurt School

The movement of critical legal studies criticizes the liberal legal system from the philosophical, social, and political perspectives as well as in terms of the formation processes of legal norms. Criticism of the alleged formalism and objectivism of the liberal legal system, as well as the criticism of the instrumental use of practice and legal doctrine to advance leftist goals, are among the topics criticized by this movement, which is indebted to the Frankfurt school. Habermas' teaching is based on the thought of the Frankfurt school as a normative-critical theory that is rooted in the reformation of neo-Marxism and the reproduction of a new reading of the theory of Weber and Parsons, by participating in the formation of social theory, and by breaking with the "philosophy of the subject" and importance Giving to the category of inter-intelligibility and action-oriented and moral pragmatism forms the foundation of the idea of this analytical-critical article, which stands in front of the control-oriented and punitive supervisory discourse, the solidarity-oriented social control policy; A policy based on the rationality of communication arising from the Frankfurt School, which considers every citizen a certain degree of freedom for human growth, and considers the government's positive commitment to provide the maximum conditions necessary to fulfill these rights and freedoms necessary. The ray of this light window to the theoretical criminal law has concrete achievements in the subject criminal law of many countries; who may not be aware that Arafaqi penal institutions have been responsible for transferring penal thought from instrumentalism to relationalism in their legislative developments.

کلیدواژه ها:

criminal law logic ، critical theory ، communicative action ، criminal instrumentalism ، community-oriented punishments