نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Violent sports are a new category of combat sports that has not yet been adequately considered regarding the need for criminal law intervention in these sports. In a brief definition, it can be stated that violent sports are a mixture of two-person martial arts that have minimal regulations and disciplinary interventions during combat. Thus, considering the nature and characteristics governing this type of sports, which have a high probability of crimes occurring in them. With an analysis of the principles of criminalization, an attempt was made to address the necessity of absolute criminalization of this category of sports. In brief, it can be noted that in each principle, there are challenges and opportunities for the application and criminalization of violent sports. In general, if a broad understanding of the concepts of the principles is made, it can be believed that all these sports are prohibited and need to be criminalized. However, by carefully examining the concepts of these principles and some criticisms that can be made of them, it can be believed that these sports should not be independently criminalized. For example, in the "harm principle", there are two different interpretations. Based on the traditional approach and the theories of John Stuart Mill, one can have a broad interpretation of the concept of harm and criminalize this category of sports separately, but if the harm principle is addressed from the perspective of the utilitarian approach, relying on Feinberg's theories, violent sports cannot be criminalized based on the harm principle. Thus, it can be concluded through these existing dichotomies that taking a position on violent sports is difficult even by using the principles of criminalization.
کلیدواژهها English