The philosopy of death penalty in criminal legislation

Abstract

      The rules of criminal law, which contain legislative texts and penalties, including the recent and important physical punishment , which is the death penalty  It is not harmful to reach the oringin and establishment of the rule of the death penalty and its validity . What is the reason for the legislator's writing of this legal rule?

       It is above to say that legislator is the one who prepares the preparatory work for the penal text, taking into consideration the risks and damages of the vriminal outcome in a manner that justifies the perpetrator to receive the death penalty or other punishments.

  Based on the above, it is necessary to research and philosophize about the death penalty through contemplation and reflection to understand the origin of the death penalty, the basis of adhering to this punishment, and the justification that surround the legislator's imposition of this penalty with a set of procedures and regulation. This is in addition to the desired legal values in the implementation of the punishment.

       We begin with the existence of death penalty in thistory and the goals that this punishment achieves historically, and then research the theoretical basis and commitment which is divided into two doctrines , the first of which is the formal doctrine and the second is the substan tire doctrine , and then we study the legal basis and the authoriy , values and the goals that it achieves . this punishment which revolves between justice and re renge, and the research ends with a group of philosophi calideas that can be relied upon to maintain orabolish this punishment.