Razavi University of Islamic Sciences Criminal Law Doctrines 2251-9351 12 9 2015 06 22 The Justification of the Punishment in the Justice System as Fairness The Justification of the Punishment in the Justice System as Fairness 75 100 675 FA Hadi Rostami (Assistant professor at Bu-Ali Sina University) Ali Reza Taghipour (Assistant professor at Bu-Ali Sina University) Journal Article 2020 07 19 Justice thought as “fairness” is derived from John Rawls who was one of the most famous liberal political philosophers of the 20^th century. Rawls in interpretation of “A Theory of justice” has not neglected the justification of punishment and has propounded his last opinions and approaches about the institution of penalties briefly. The attitude of this scholar in his famous work “A Theory of Justice” is completely different from his look which he has stated before in his article “Two Concepts of Rules”. In his latter article he tries to establish a connection between the teachings of retributivism and utilitarianism for the justification of punishment and places each of them in their proper position. It seems that the approach which Rawls has presented in “A Theory of justice” for justifying the institution of the punishment has abrogated (revoked) his former doctrine in his article “Two Concepts of Rules”. The present paper attempts to prove the validity of the mentioned attitude (idea) meanwhile determining the category of punishment in “the justice system as fairness”.   Justice thought as “fairness” is derived from John Rawls who was one of the most famous liberal political philosophers of the 20^th century. Rawls in interpretation of “A Theory of justice” has not neglected the justification of punishment and has propounded his last opinions and approaches about the institution of penalties briefly. The attitude of this scholar in his famous work “A Theory of Justice” is completely different from his look which he has stated before in his article “Two Concepts of Rules”. In his latter article he tries to establish a connection between the teachings of retributivism and utilitarianism for the justification of punishment and places each of them in their proper position. It seems that the approach which Rawls has presented in “A Theory of justice” for justifying the institution of the punishment has abrogated (revoked) his former doctrine in his article “Two Concepts of Rules”. The present paper attempts to prove the validity of the mentioned attitude (idea) meanwhile determining the category of punishment in “the justice system as fairness”.   https://cld.razavi.ac.ir/article_675_eb50773b77577701315d90dfdc8b8f15.pdf