The aim of this study is to highlight the problem of divergence between the principles established in the legal conscience related to minimizing state intervention in enforcing punishment, and the current expansion of the Criminal Law. This problem caused contemporary jurisprudence to sound the alarm that the consequences will be serious, and there is an urgent need to draw new boundaries for the criminal policy under which the Criminal Law operates. Rationalization of punishment is one of the guiding principles which advocate non-excessive use of punitive means to achieve social control, and the pursuit of alternative ways of fighting crimes that meet the required objective other than penal solutions.
This study sheds the light on the rationalization of punishment through outlining its concept and analyzing the principles upon which it is founded. Furthermore, it contributes to the discussion about the ability of this principle to face the challenges presented by the modern incrimination trends which tend to impose global expansion of the criminal law. Moreover, the study tries to explore the future perspectives of this law and to evaluate its sustainability in facing the great challenges posed by globalization and internationalization
"Rationalization of Punishment in Contemporary Criminal Policy,"
Journal Sharia and Law: Vol. 2014:
60, Article 2.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2014/iss60/2