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.