Abstract

GARCIA RAMIREZ, Sergio. An Approach to the "New Order in Criminal Law": Pluralism, Harmonization and Legal Order as seen by Mireille Delmas-Marty. Bol. Mex. Der. Comp. [online]. 2009, vol.42, n.126, pp.1305-1337. ISSN 2448-4873.

Mireille Delmas-Marty studies contemporary criminal law based on a guiding observation: "What dominates the juridical landscape is the imprecise, the uncertain, the unstable". She proposes "replacing the demagogy of simplicity by a pedagogy of complexity". She examines universalism and pluralism in the light of certain common values that favor the internationalization of law. The great universal datum lies in the rights of man. The French jurist stresses the danger that the penal system represents for human rights, bearing inmind that criminal law is simultaneously "framed, that is, limited and legitimized" by the rights of man. These are "at once protected and threatened by criminal law". Liberal criminal policy is at risk.

Keywords : universalism; relativism; pluralism; criminal policy; human rights; international criminal law.

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