The Judiciarys Law Journal

The Judiciarys Law Journal

Rearrangement of penal institutions under the Influence of the Idea of ​​Control and Punishment; A Case Study of the Iranian Criminal Justice System

Document Type : Research/Original/Regular Article

Author
, Assistant Professor, Faculty of Law & Political Science, University of Mazandaran,
10.22106/jlj.2025.2046485.6119
Abstract
Penal welfarism provides a set of rehabilitation measures in legal and judicial decisions about crime. However, in Iran's criminal justice system, welfare changes are being developed in areas other than prisons, but the correction capabilities of these programs are low. Therefore, the main question is, what factor is responsible for the current state of welfare institutions? Using the analytical descriptive method and relying on Bourdieu's views, we argue that the concept of the penal field provides a better analysis of welfare changes by revealing how practices are formed within the structural forces of the field. By revealing the conflicts, the penal field specifies how situations and habitus can lead to changes towards the idea of ​​control and reconfigure themselves once again through correction. Thus penal welfare institutions reproduce the penal field rather than achieving welfare goals.Unraveling the complexities of criminal power is an important task that shows us that we should move towards a more welfarist and human rights-based criminal justice system.
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Volume 89, Issue 131
Autumn 2025
Pages 307-340

  • Receive Date 22 November 2024
  • Revise Date 04 February 2025
  • Accept Date 28 December 2025
  • First Publish Date 28 December 2025
  • Publish Date 22 December 2025