differentiation of penal policy in the light of positive paradigm and its confronting challenges

positivism is an empirical approach for understanding of human communication and phenomena, which raised firstly french famous thinker “august comte”. human and social sciences were under domination of positive thought for a long time. in criminal law inter alia italian famous thinkers sought to analyses the crime problem with a positive approach. however, some of their point of view such as born criminal thesis was not respected by penal scientist, but was affected by their idea was assumed that experiment is the only scientific criterion and basis of criminal law. they thought that value judgments and normative sentences have not scientific character. the positivist approach, developed the abstract thought of classic criminal fundamentalism which was before this, the dominate approach of penal policy towards of objectivism at etiology of crime on the basis of separation of objectivism and subjectivism. but it faced with insufficiency in both methodology and efficiency, so that somebody talked about returning punity approach of classic fundamentalism