عنوان مقاله [English]
Men (human beings) with their special features and limit resourses compulsively live together in society. This collective life with mention features make people comply with an order. Obying the order is more resulted from compulsiveness than from contract or agreement.
Order in a given society is a reflection of norms and valuses that are institutionalized in it. Regarding to social basic of law, what kind of the role play the state in criminal law?
Avoiding ciositiw and preventing individual arbitry in establishing order, the state is needed to establish the order; since criminal law contains of crime and punishment, for protecting social order and individual right and liberty, state determine criminal behavior and Punishment and impose it. In doing so state has the expressive role not creative one, because if social order is considered to be the aim of law, criminal law will be based upon values which are accepted by citizen.
Therefor if it is necessary to have criminal norms, regarding necessities of social life, such a norm must be filtered by social agents to have the support of social morality.