After the victory of the Islamic Revolution and the emphasis on the legalization of the laws, Ta'ziri punishments were recognized for the first time in the Ta'zirat Law. The emergence of taziri punishment in Iran's criminal law and its growth in the sentencing process has raised questions about its understanding and evolution. Based on this, identifying effective discourses in the formation of penal punishments and factors affecting their hegemony is one of the important issues in the philosophical understanding of penal punishments. Therefore, the main goal of this research is to explain the role and effect of current discourses in the developments in Tazirat area using the operational method of discourse analysis (PDAM). The findings of this research indicate that the three discourses of "government jurisprudence", "traditional jurisprudence" and "penal modernism" have been effective in the context of the evolution of penal punishments. At the beginning of the formation of Ta'ziri punishments, the approaches of governmental jurisprudence and traditional jurisprudence were opposing discourses. However, the findings of empirical studies in criminology and penal science, on the one hand, and the flexibility of penal punishments in terms of "Al-Taziri Bama Yarah Al-Jakam" on the other hand, have led to the discourse of criminal modernism as a dominant discourse in penal punishments having an effect.
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