Los paradigmas del derecho penal: “el progreso de la ciencia a través de las revoluciones científicas
The construction of the scientific nature of criminal law has been strongly marked by the advances made in the field of experimental sciences. The current scientific paradigm has determined its own development and its need to adapt, with more or less effort, to the parameters prevailing in other are...
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| Format: | Article |
| Language: | Spanish |
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2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8428784 |
| Source: | Derecho Penal y Criminología, ISSN 2346-2108, Vol. 41, Nº. 110, 2020 (Ejemplar dedicado a: Enero-Junio), pags. 91-118 |
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| Summary: |
The construction of the scientific nature of criminal law has been strongly marked by the advances made in the field of experimental sciences. The current scientific paradigm has determined its own development and its need to adapt, with more or less effort, to the parameters prevailing in other areas of knowledge. The analysis of this conditioned evolution is proposed, in a novel way, by importing the model of succession of scientific revolutions proposed by the philosopher Thomas Kuhn, where the accumulation of anomalies will lead to a scientific revolution in the discipline that will end with the substitution of the paradigm for another more in line with the new reality. In the current situation, however, it is worth asking whether the deep social transformations that are taking place can find an answer in the current paradigm or, on the contrary, it is necessary to adopt more appropriate solutions. |
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