The Place of Logical Usages in Criminal Jurisprudence

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Abstract

The logical usages is the practical way or mental opinion of all the rational people all over the world, regardless of their spatial, temporal and religious differences, which find it useful and good in dealing with a phenomenon. There are two general views about the criteria of validity of logical usage: first, instrumental validity and second, per se validity. The validity of new usages is based on second view. Although logical usages are used by jurists in criminal jurisprudence but it seems that it should has more important role in criminal jurisprudence. Some of its applications in the criminal jurisprudence are: the definition of “Herz”(protected), what is robbed needs to be property, the criterion of Roshd (growth), the mere criminal intent has no punishment, the community needs to regulate, impose criminal penalties and restrict freedom, financial penalties as a kind of “Tazir”(punishment).

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