The Philosophy of Criminal Law: Its Subject Matter and Role in the Construction of a Democratic Society

Authors

  • S. O. Abdukhalikov Independent Research Uzbekistan

Keywords:

Equality, justice, freedom, criminal law, philosophy of law, criminal liability, punishment, democracy

Abstract

The article examines the philosophy of criminal law as a specialized branch of the philosophy of law and analyzes its subject matter, methodological foundations, logical structure, and role in the construction of a democratic society. Particular attention is given to equality, justice, and freedom as fundamental qualitative attributes of law, as well as to the consequences of their violation within criminal-legal relations. The study discusses the relationship between legistic and juridical understandings of law and explains their philosophical foundations. Using dialectical, historical-legal, systematic, and comparative methods, the interrelationships between crime, criminal liability, and criminal punishment are analyzed, as well as the formation and development of the philosophy of criminal law. The findings indicate that the philosophy of criminal law provides an ontological, dialectical, and epistemological understanding of criminal-legal phenomena and contributes to determining the substantial and general laws governing crime, criminal liability, and punishment. The analysis also demonstrates that the principle of proportionality between criminal punishment and the committed crime is essential for ensuring justice, legality, and the protection of individual rights. Therefore, the philosophy of criminal law performs important worldview and methodological functions in the development of criminal law and contributes to the formation of a democratic civil society based on equality, justice, freedom, and respect for human rights.

References

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Published

2026-08-26

How to Cite

Abdukhalikov, S. O. (2026). The Philosophy of Criminal Law: Its Subject Matter and Role in the Construction of a Democratic Society. Central Asian Journal of Social Sciences and History, 7(4), 63–74. Retrieved from https://cajssh.casjournal.org/index.php/CAJSSH/article/view/1395

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