Journal of Strategic Management and Future Studies

Journal of Strategic Management and Future Studies

Futures Studies in Criminal Justice and the Rationale of International Governance: A Study on the Effects of the Globalization of Criminal Law

Document Type : Original Article

Author
Ph.D. Student in Criminal Law and Criminology, Ferdowsi University, Mashhad, Iran.
Abstract
Future management is regarded as one of the fundamental strategies for governing human societies. Futures studies aim to explore and assess the possible scenarios of the future that may materialize. Building a desirable future, in addition to a proper understanding of the elements of a social phenomenon, requires familiarity with the principles and foundations of futures thinking. A key question that arises in this context is whether such an essential concept holds a place within the framework of criminal law. This descriptive-analytical study, based on library sources, seeks to answer the question of what benefits and drawbacks the globalization of criminal law brings to the recognition and identification of norms in domestic legal systems. The central hypothesis of this paper posits that international law, through the globalization of its norms, has transformed national legislations—particularly in the field of criminal law. Legal systems have adopted international norms aligned with their own values to achieve better criminal governance. Conversely, there are other international norms that do not align with a nation’s value system. In such cases, this inconsistency stems from three main barriers: cultural relativism, conflict of rights, and public expectations. Ultimately, the study concludes that the best approach to addressing these challenges is either to prioritize domestic legal considerations or to reconcile the two frameworks.
Keywords