Resilience and the criminal justice system05 agosto 2017 -
[Contributo selezionato da Filodiritto tra quelli pubblicati nei Proceedings “Fifth International Conference Multidisciplinary Perspectives in the Quasi-Coercive Treatment of Offenders – SPECTO 2016”]
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[Contribution selected by Filodiritto among those published in the Proceedings “Fifth International Conference Multidisciplinary Perspectives in the Quasi-Coercive Treatment of Offenders – SPECTO 2016”]
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West University of Timisoara
The paper presents a brief introduction in the relationship and connections between resilience and law and examine the possible roles that resilience may have in the field of the criminal law science and the place where it finds applicability in the criminal justice system. This analysis led to the definition of a relatively new concept, that of juridical resilience.
The emergence of the concept of juridical resilience, directly related to the science of criminal law should not be confined only to this area, but can be approached in various other dimensions of juridical sciences, starting from any legal demarch whose consequences can produce disruptions both at the individual level and any other forms of organizations made by it. Moreover, the veneers of the legal phenomenon, the legal doctrine, jurisprudence and legal science, can generate as many forms of research and expression.
1. Judicial sciences and resilience
Judicial sciences are sometimes presented as a simple body of inert knowledge and technical rules and the relevant scientific research and its results are limited to an ordered description and a rigid inventory of law. From this reductionist perspective, the researcher is perceived, seen and identified with a technician, more or less profound, equipped with precise knowledge of legal norms relating to a branch of law or another, but without his approach to get beyond this restraint, in order to seize and analyze the implications of the place and role of law in the society.
Resilience is a term frequently met with a growing frequency and in a wide variety of disciplines. The proliferation of resilience approach, can be partly attributable to the recent enthusiasm for finding viable solutions for the most various aspects of social life. However, the focus on resilience reflects a paradigm shift, for example for disciplines of ecology and natural resources management, since 1970. This is a paradigm shift marked by attempts to seize and develop conceptual resources to manage complexity in natural and social systems. Therefore, resilience theories, together with adaptive governance, is a conceptual mature framework of thinking about how law can contribute to sustainable development in a complex world.
In order to guide the concept of law to social sciences, this not being only a remarkable development in academic law, law must use the prerequisites and results of other disciplines for its own purposes, in a proper approach. This is done, obviously, with some difficulties as a scientific rule is a prediction of future events based on past experiences, while a legal norm is the expression of thinking and mentality of others.
In academic law, the image of science as a paradigm of thinking, including legal thinking, has a great force, and the inherent dehumanization of this kind of thinking threatens law and democracy at their base. Claiming law, even in the face of these forces of dehumanization and trivialization, maintains an adaptive force of resilience, on which we can build.
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