The pastoral function of punishment A comparative study

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Published: Feb 10, 2026
Keywords:
Punishment , Qualify , Auspices , Ethics, Behavioral change

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Saeed Kadhim Jasim

Abstract

The conclusion of the research concluded that the caring function of punishment was limited to some punishments، and within the scope of custodial punishments، it was concentrated in the circle of custodial punishments with a relatively reasonable duration. This long punishment would exhaust the entire prisoner and make his will irreparable، so psychological despair would settle deep in his feelings and take him as a source. It is very difficult to confront it with available and possible rehabilitation methods. In addition، the nature of some of the criminal acts dealt with by the Iraqi penal legislator in the effective Iraqi Penal Code was characterized by their lack of criminal seriousness and that they are considered criminal acts that can be directed to administrative disciplinary responsibility. It is sufficient to monitor an administrative penalty for it، which requires removing it from the circle of punitive criminalization and introducing it into the circle of administrative criminalization in order to facilitate the course of criminal justice and reduce the phenomenon of punitive inflation، and to ensure that the punishment only faces those criminal acts that non-punitive means are unable to confront and combat

Article Details

How to Cite
Kadhim Jasim س. . . (2026). The pastoral function of punishment A comparative study. MIsan Journal of Comparative Legal Studies, 14(1-2), 1–46. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/523
Issue
Vol. 14 No. 1-2 (2026): Misan Journal for Comparative Legal Studies
Section
Articles

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E.A.Makttoof , Kassim J.K , K.H (2020). Distribution of different forms of phosphorus in calcareous soils from middle and south of Iraq . Al-Qadisiyah Journal For Agriculture Sciences,10, 1, 2020, 293-303.

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