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  1. 1 Tarsadalomkutatas (Social Science Research)

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  1. 1 Jany J.

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  1. 1 2006

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Zoroastrian penal law - I: The theory of punishment

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Jany J.
Tarsadalomkutatas (Social Science Research)
|
2006
|
vol. 24
|
issue 2
217-233
EN
The first part of a series of articles concerning Zoroastrian penal tradition deals with the theoretical background of legal thinking. According to the Zoroastrian theory of penal law the aim of the punishment was the salvation of the soul of the delinquent, while the idea of compensation of the offended party is also discernable. The crimes and sins called 'winah i ruwanig' affected above all the soul and salvation of the delinquent. By contrast, those misdemeanours which caused harm to third parties, too, were known as 'winah i hamemalan'. The penitence of the delinquent was of crucial importance in light of his afterlife and salvation. The crimes were classified by three different methods, reflecting both religious and political considerations. The former was elaborated in the 'Videvdad' and a priestly work called 'Sayast-ne-sayast', while the latter in a historical writing, 'The Letter of Tansar'. The horror caused by different crimes led to the description of hell in an apocalyptic work, the 'Arda Wiraz Namag'.
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