Document Type : Research Article
Author
Assistant Professor, Department of Law Kho.C., Islamic Azad University, Khomeinishahr, Iran.
Abstract
The revival of virtue-based criminal jurisprudence, as an influential current in contemporary legal theory, draws inspiration from Aristotelian ethics and emphasizes human flourishing and the cultivation of moral virtues as the fundamental aims of law. This approach seeks to offer a teleological interpretation of criminal law—one that goes beyond mere maintenance of order or the enforcement of justice, extending its scope toward the moral development of both individuals and society. In this regard, the present article employs a descriptive-analytical methodology to explore the capacities and challenges of this intellectual paradigm. The central question is whether this theory can function as a comprehensive and integrated framework for legal systematization—particularly in the realms of criminalization, criminal liability, and punishment—or whether a more effective approach is a hybrid model that integrates it with other legal theories and practical considerations. Nevertheless, this approach faces several challenges, including delineating the legitimate boundaries of criminalization based on moral vices and achieving a delicate balance between promoting collective virtues and safeguarding liberal principles such as individual autonomy and the rule of law. Research findings indicate that the primary strength of virtue-based legal theory lies not in wholly replacing existing systems, i
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