Volume 1, Issue 1 (2021)                   clcm 2021, 1(1): 121-144 | Back to browse issues page

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mirmajidi S, Azari H. Reviewing Thematic Realm of Child Abuse from the Perspective of Social Constructionism. clcm 2021; 1 (1) :121-144
URL: http://clcm.modares.ac.ir/article-44-38673-en.html
1- Assistant Professor of the Institute for Law Comparative Studies, Institute for Humanities and Cultural Studies, Tehran, Iran , sepideh.mirmajidi@gmail.com
2- Assistant Professor in Women’s Studies, Tarbiat Modares University, Tehran, Iran
Abstract:   (3700 Views)
According to discourse theory, facts and events are represented through discourse and a set of meanings, ideas, metaphors, so on. In this sense, language creates and changes truth; this means that with language one can have different perceptions of an event, followed by a different set of discourses. Thus, the social world is the product of discourses. According to the theory of social constructivism, which in contrast to essentialism does not separate the structure of reality from the human mind, some social phenomena, such as some offences are made by the human mind and under the influence of different circumstances. They are produced in a specific time, social, political and cultural way and cannot be considered as a sacred and unchangeable reality except in special cases. Accordingly, this research, which qualitative in nature and descriptive-analytical in manner, using the method of discourse analysis and in order to explain and review the obvious understandings of the Law on the Protection of Children and Adolescents (Act 2002) seeks to explore the possibility of deconstructing the current definition of child abuse (revision) and adding to its scope. The most important result of the research is that most of the offences, including child abuse and even the prescribing of child marriage (subject to sec. 1041 of the Civil Code), are powerful and skillful social constructs of social realities that it is possible to deconstruction of them in order to give political, cultural and social opportunities to other possible constructions of the phenomenon that are more closely related to the public interest.
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Article Type: Original Research | Subject: Criminal Law and Criminology
Received: 2019/12/3 | Accepted: 2020/03/26 | Published: 2021/04/4

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