The Post-Classical Transformation and the Need for the Institutional Reinterpretation of the Criminal Law Ontology

Abstract

The article examines crisis phenomena of a social and legal nature in the functional and substantive foundations of objective criminal law, which occurred in the post-classical period, which are associated with the unreasonable expansion of coercive methods in the system of positive regulation of social relations, and in criminal law — with the loss of exceptional certainty and criminal law dimensions in the policy of recognizing what should be criminal and punishable. The need to eliminate the state of exceptional uncertainty and emergency in criminal and judicial policy is the main message of this narrative.