Criminal Legislation according to the Idea of ” Universalizability”

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Document Type : scientific

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Associate Professor, Department of Law, Bu Ali Sina University, Hamedan

Abstract

Universalizability is one of the three formulations of the "Categorical imperative" in Kant's theory, which considers the morality of rules to lie in their universality and their applicability in all times and places. A universalizable rule does not lead to contradiction, and this can only be achieved if the rules are free from personal aspects, without discrimination and everyone can follow them. The goal of universalizability is to eliminate conflicts and undue privileges among rational agents. In this view, every rational will is in practice self-legislating, and a rule that is valid only for "I" or "we" is not worthy of general legislation and ignores humanity as an end in itself. Therefore, the idea of "justice," which sees punishment as a proportionate and rational response to crime, is consistent with universalizability, as opposed to the utilitarian goals, which only reflect the interests of the majority. Universalizability is alien to attitudes that seek to localize criminal laws for ideological purposes. The legitimacy of the law lies in its morality; in such a way that people obey it only based on duty and for duty; an idea that ultimately leads to the convergence and unity of the penal system in the world.

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Criminal Law Doctrines

Articles in Press, Accepted Manuscript
Available Online from 25 August 2025

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