An Analysis of the Involvement of Moral Theories in Criminal Law

This research, using a descriptive-analytical method, seeks to examine and evaluate the impact of schools and theories of normative ethics on the formation, change, and evolution of theories and concepts of criminal law. In line with this discussion and preceding it, a more serious and fundamental question is raised, and that is the discussion of the interaction between law and ethics; whether there is a connection between the two areas of law and ethics or not? And if there is, what is this connection like? What differences are there between law and ethics? And what role and function does ethics have in the science of law? Examining this issue and learning about the relationship between ethics and the science of law confirms the existence of an interaction between ethics and criminal law and emphasizes the necessity of discussing this issue. Among the ethical schools, the three schools of virtue, utilitarian, and deontological are the main ones that have appropriated the most important theories of normative ethics and have the greatest impact on criminal law theories. The results of the present study, which was conducted using a descriptive-analytical method, indicate that, although new theories in the field of criminal law have emerged from the influence of these schools, it seems that none of them have been able to provide an appropriate standard for criminalization, criminal responsibility, and punishment on their own.