المنطلقات الفلسفية للتجريم و العقاب في مدرسة الإنجلوسكسونية

Abstract EN

This study has started from the roots of the Arab legal systems problems in respect of criminal justice which resulted from reliance on European legal culture and the reproduction of its continental European legal system; It gained its importance from the need for multiple sources of legal knowledge, and the need to open up to contemporary international legal families, and in particular the Anglo-Saxon school because of its global impact and influence.

The study proceeded to address the aspect which related to the link between criminalization and punishment with the idea of natural law and the idea of consensual justice, and the effect resulting from these two ideas in terms of the multiplicity of the sources of criminal and punitive rules also the lack of recognition and independent of the existence criminal law, and the priority of reparation (remedy) over punitive deterrence, and the prevalence of the negotiation system over confession In addition to the penetration of these two ideas into the structure of the judicial organization of the Anglo-Saxon courts.

This was followed by moving to the aspect related to the link between criminalization and punishment with the philosophy of judicial law, the jury system, and the structure of the Anglo-Saxon political and legal system based on: the principle of the rule of law, the principle of standards and balances, and the principle of the supremacy of judicial law over parliamentary legislation.

The idea of this research was completed by addressing the features and characteristics of the criminalization and punishment in each of the two punitive systems (English and American), and the extent to which these two systems adhere to the general frameworks of the Anglo-Saxon punitive philosophy.