Criminal Law
Hamid Bahremand; Zahra Sakiani
Abstract
Behavioral economics is a branch of economics that seeks to modify the hypotheses of neoclassical economics using the findings of other sciences, especially psychology. This article examines from the perspective of behavioral economics what factors can be effective in criminals' decision to commit a ...
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Behavioral economics is a branch of economics that seeks to modify the hypotheses of neoclassical economics using the findings of other sciences, especially psychology. This article examines from the perspective of behavioral economics what factors can be effective in criminals' decision to commit a crime. To this end, some cognitive biases and exploratory rules, each of which is somehow related to gathering information to commit a crime and assessing the certainty and severity of punishments are explained and their implications for policy-making are noted.Of course, it should be noted that many of the issues that will be addressed have not been specifically tested in the decisions of criminals, but they are discoveries and cognitive biases that exist in general and among many human beings. Given that the application of findings obtained in a context other than the commission of a crime may have results that are not directly applicable in the context of the commission of the crime, it seems that conducting empirical research to assess these cases in the decision to commit a crime in particular can increase the accuracy of these findings. As will be stated in the article, sometimes due to the existence of some biases and exploratory rules, it is not possible to believe in the economic analysis of criminal behavior that increasing the severity and certainty of punishments reduces crime and sometimes other factors are needed to increase the severity and certainty of the punishments should be considered. It seems that considering these cases can help to increase the effectiveness of policies against crimes and be useful in explaining cases where policies against crimes have not been effective or less effective.
Private Law
Behnam Habibi
Abstract
Based on the principles of judicial democracy, the principle of access to the judiciary has come to the forefront of the new concepts in civil justice law. On the basis of openness of the proceedings, the specialization of the judicial system and the development of various forms of dispute resolution ...
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Based on the principles of judicial democracy, the principle of access to the judiciary has come to the forefront of the new concepts in civil justice law. On the basis of openness of the proceedings, the specialization of the judicial system and the development of various forms of dispute resolution with the necessity of qualitative access to the judiciary, all make it possible to reach the efficiency of the judicial system. Meanwhile the need for quantitative access to the judiciary on the basis of judicial review and compliance with the principle of proportionality approach will lead to a standard judiciary system. The principle of access to justice has three fundamental indicators. The principle of easy access, which includes access to the rules of procedure and objective access to the judicial system. The principle of quick access, which relies on digital economy and information and communication technology, is driven by electronic justice. The principle of cheap access also seeks to balance the cost of litigation in the macro perspective. There are three criteria and sub-indicators in this principle which include the system of judicial assistance, both public and private, the law enforcement agency and the litigation insurance system. In the present paper, with a focus on the economics of justice and in a comparative approach, while recognizing the concept of the principle of cheap access to the Judiciary, from two legal and economic perspectives during scientific discussions, the following three sub-indicators will be discussed.
