نوع مقاله : مقاله پژوهشی
نویسنده
عضو هیأت علمی پژوهشکده تحقیق و توسعه علوم انسانی (سمت)، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
With the decline of an era in which political authority was enacted upon the bodies of working men as the objectified loci of sovereign power, a new configuration of dominance emerged—one grounded in disciplinary penal power legitimated through the discourse of health surveillance and the medicalized management of offenders. In this shift, the psyche of deviants and criminalized individuals likewise became absorbed into the operations of power, extending state intervention from the domain of fundamental rights into the deeper structures of criminal law. The evolution of governmental techniques targeting the bodies and minds of prisoners epitomizes the soft violence characteristic of authoritarian criminal policy—an ostensibly human-rights-compliant façade that in practice deploys medical supervision as a vehicle for exerting control over masses of penal subjects. In this process, not only offenders themselves but also the very sciences that study them—including health policy and criminal policy—have been appropriated as ideological instruments supporting a penal order structurally deficient in substantive criminal justice. This article adopts a qualitative approach within the framework of critical legal discourse analysis to extend a Foucauldian critique of penal discipline. It examines certain criminal and quasi-criminal regulations in Iran, alongside a comparative perspective on selected Islamic countries—including Egypt, Saudi Arabia, Jordan, and the United Arab Emirates—as instances of the misapplication of legislative criminal policy aimed at securing hegemonic power over the psyche of embodied subjects (prisoners). The paper argues that reform of specific Iranian criminal provisions, informed by comparative experiences, is necessary to prevent the diversion of the noble objectives of medicine toward penal policy purposes that are misaligned with the principles and ideals of criminal law. The article demonstrates that, within Iran’s legislative and judicial criminal policy, the regulations and practices governing periodic medical examinations and health screening lack adequate legal safeguards against instrumentalization in the ...
کلیدواژهها [English]
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