INVESTIGADORES
MANRIQUE Maria Laura
libros
Título:
La relevancia de la dogmática penal
Autor/es:
LAURA MANRIQUE, PABLO NAVARRO Y JOSÉ PERALTA
Editorial:
Universidad del Externado
Referencias:
Lugar: Bogotá; Año: 2011 p. 238
ISSN:
978-958-71-07050
Resumen:
In this work we revise the relevance of
contemporary criminal theory. In particular, we deal with
the so called legal dogmatic, which is the most important
theoretical perspective of criminal law. Legal dogmatic is
often criticized for different reasons, e.g. the practical
irrelevance of its contribution, its conservative role in the
development of social changes, etc. In our book, we
explore a different line of criticism. To some extent, our
criticism is internal to the dogmatic project: there are
conceptual reasons that prevent legal dogmatic to be
altogether successful in its achievements. Legal dogmatic
seeks to guarantee the rationality of criminal law. One of
its main contributions is the reconstruction of legal criteria
that help us in the identification and application of
criminal law. The relevance of the dogmatic project is
intrinsically attached to the limits of legislation. In this
respect, the task of legal dogmatic would be a necessary
contribution to overcome the indeterminacies of legal
norms. However, we point out some limits of legal
dogmatic, mainly derived from the nature of language and
the nature of rules. In order to accomplish its promises,
legal dogmatic must be able to overcome the failures of
legal authority, but it is far from be clear that the
problems of legislation disappear when legal dogmatic
introduce its own solutions. We also claim that the
development of legal dogmatic could be at odds with the
value of legality. For this reason, legal dogmatic is not the
solution to our problems in the building of the Rule of
Law. Indeed, it is a part of our problems.