El método en la Filosofía del Derecho y la Dogmática Penal

Abstract

: This work aims to highlight that criminal dogmatic has not received the cur-rent state of the philosophical debate. It will only address the issue of legal method and the consequences that, had they been received, would have had for criminal dogmatic. It is proposed to overcome the syllogistic-subsunctive method, both with respect to positive law and the concepts of crime theory and the consequent assumption of more Aristotelian open methods, such as topical and rhetoric. It will also be shown that such opening does not contradict the requirement of criminal legality.