Abstract

GUAMAN CHACHA, Klever Aníbal; RIOS GUAMAN, Víctor Manuel  and  YUQUI VILLACRES, Cristian Salomón. The theory of crime: philosophical foundations. Dilemas contemp. educ. política valores [online]. 2021, vol.8, n.spe3, 00018.  Epub Aug 30, 2021. ISSN 2007-7890.  https://doi.org/10.46377/dilemas.v8i.2697.

The work arises from an opinion poll of several lawyers to whom we asked what are the elements of crime theory? From what approach do they conceptualize the elements of crime theory and what are the philosophical foundations of crime theory? crime? To the first, they respond without difficulty, to the second, they state that they do not know the theoretical position from which they conceptualize the elements, and to the third they do not respond. Bibliographic references of Criminal Law were also reviewed, identifying the approach and its philosophical foundations with the help of interpretive, logical and historical methods, concluding that the works address the elements of the theory of crime without determining the theoretical position and the foundations philosophical.

Keywords : Kantianism; Neo-Kantianism in the theory of crime.

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