PARADIGMS OF CRIMINAL LAW: FROM NORMATIVE THEORY TO A CONSTRUCTIVE MODEL OF LEGISLATION

Abstract

A number of criminal law theories have emerged in legal scholarship, each offering different answers to the question of what should be punished by criminal law and why. Among the most significant theoretical approaches are the classical and neoclassical schools, the sociological (positivist) approach, the antagonistic (class-based Marxist) theory, as well as a body of modern critical doctrines. Each of these schools arose in a specific historical context as a response to the challenges of its time and laid down principles that significantly influenced the content of criminal legislation. However, the influence of these theories is not confined to the countries of their origin – it can be traced across different legal families. Therefore, it is relevant to examine how various legal systems have adopted or rejected the ideas of these schools. This article offers a comparative analysis of the development of criminal law doctrine in the countries of the continental (Roman-Germanic) tradition, common law systems (Anglo-Saxon tradition), and Islamic law, through the prism of the aforementioned theories. Such an analysis reveals both common trends and distinctive features in the construction of criminal law under the influence of dominant legal philosophies (e.g., the principle of legality and equality before the law from the classical school, or the focus on the offender’s personality in sociological and neoclassical schools). Beyond the historical overview, the study also analyzes how these theories manifest in the contemporary criminal legislation and criminal policy of various states, including the Republic of Uzbekistan, European Union countries, the United States, and nations governed by Islamic law. The paper explores the practical application of these ideas and the critiques they face in today’s legal context: whether classical principles of legality have gained renewed importance, how positivist ideas of offender rehabilitation are utilized, to what extent class-based perspectives persist, and what new critical perspectives (e.g., labeling theory, restorative justice, etc.) challenge the traditional understanding of criminal law. The aim of the research is to provide a comprehensive analysis of the continuity and transformation of criminal law theories across different legal systems, which is essential for understanding the global evolution of criminal legislation.