Religion on punishment
Journal Title: Юридические науки и образование - Year 2019, Vol 59, Issue 59
Abstract
The theory of Divine origin of the right to punish seeks the basis of punitive right not in the properties of an individual, but in the conditions of the emergence of human intercourse, in the laws of universe. It requires examination, rather, theological, than legal. The state has the right to punish only as a vicar of God. Just as God in his eternal kingdom judges spirits and performs internal justice, so the state created by him administers justice. But select capable men from all the people - men who fear God, trustworthy men who hate dishonest gain - and appoint them as officials over them… (Exodus 18:21). Thus, rulers are the representatives and messengers of God on earth. Their first prerogative, their first attribute of power should be to exterminate criminals, to use punishment and to enjoy the right of life and death in all its severity. It is clear that such understanding of the meaning of punishment in the fight against crime could not but lead to its toughening and public character. However, crime grew, despite the fact that religion had used punishment with maximum cruelty and deceit, not to 'treat the sick‘, but to intimidate others.
Authors and Affiliations
Ilham Rahimov
Keywords
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- EP ID EP595879
- DOI 10.25108/2304-1730-1749.iolr.2019.59.217-228
- Views 52
- Downloads 0
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