Effectiveness of dogmatic criminal law reasoning in the permanent structure of the general theory of crime and punishment through plithogenic n-SuperHyperGraphs
This study solves a central problem associated with criminal law: the theory and punishment of criminal law is assessed via transcendentally structured criminal law theory and punishment essentially static via a legal dogmatic approach. While transcendental are necessary for a normative understandin...
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| Language: | English |
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University of New Mexico
2025-07-01
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| Series: | Neutrosophic Sets and Systems |
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| Online Access: | https://fs.unm.edu/NSS/38.EffectivenessDogmaticplithogenic.pdf |
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| author | Luis A. Crespo-Berti Josía Jeseff Isea Argüelles Marco Patricio Villa Zura |
| author_facet | Luis A. Crespo-Berti Josía Jeseff Isea Argüelles Marco Patricio Villa Zura |
| author_sort | Luis A. Crespo-Berti |
| collection | DOAJ |
| description | This study solves a central problem associated with criminal law: the theory and punishment of criminal law is assessed via transcendentally structured criminal law theory and punishment essentially static via a legal dogmatic approach. While transcendental are necessary for a normative understanding of criminal law, in reality, they apply to no situationally based real-world construction of intersecting cases, meaning transcendental assessments render static, decontextualized conclusions. Yet the application exists in criminal law but literature does not create a system that affords criminals, crimes, and punishment the non-certain, paradoxical, and variable components associated with them and a legal system. Therefore, this paper seeks to solve this problem via a new formulation which relies upon plithogenic n-SuperHyperGraphs, which assess multidimensional properties, or relative truths based upon context. The research involves an interdisciplinary approach of legal dogmatic theory of crime and punishment in conjunction with fuzzy logic and combinatorial mathematics to investigate a sample of case law for where n-SuperHyperGraphs fill in the gaps of traditional criminal dogmatics. The results show that n-SuperHyperGraphs and especially plithogenic n-SuperHyperGraphs allow one to present elements of crimes and their relative truths/purposes to each other in a more flexible fashion, allowing for truths such as "criminal law is ambiguous" or "mitigating circumstances matter." In this way, one can assess elements of crime and punishment more than via the binary yes/no determination of classical legal dogmatics. Ultimately, the contribution this work results in is twofold: theoretically, the findings extend the doctrine of criminal law to rely upon a comprehensive statistical approach to uncertainty; practically, practitioners may rely upon this new tenet for more accurate and just determinations. Ultimately, this study leads to a new 21st century approach to crime and punishment theory for operational certainty and material equity. |
| format | Article |
| id | doaj-art-e31de4c053b1480580f8d53f757e216c |
| institution | Kabale University |
| issn | 2331-6055 2331-608X |
| language | English |
| publishDate | 2025-07-01 |
| publisher | University of New Mexico |
| record_format | Article |
| series | Neutrosophic Sets and Systems |
| spelling | doaj-art-e31de4c053b1480580f8d53f757e216c2025-08-20T03:43:51ZengUniversity of New MexicoNeutrosophic Sets and Systems2331-60552331-608X2025-07-018952353610.5281/zenodo.16697421Effectiveness of dogmatic criminal law reasoning in the permanent structure of the general theory of crime and punishment through plithogenic n-SuperHyperGraphsLuis A. Crespo-BertiJosía Jeseff Isea ArgüellesMarco Patricio Villa ZuraThis study solves a central problem associated with criminal law: the theory and punishment of criminal law is assessed via transcendentally structured criminal law theory and punishment essentially static via a legal dogmatic approach. While transcendental are necessary for a normative understanding of criminal law, in reality, they apply to no situationally based real-world construction of intersecting cases, meaning transcendental assessments render static, decontextualized conclusions. Yet the application exists in criminal law but literature does not create a system that affords criminals, crimes, and punishment the non-certain, paradoxical, and variable components associated with them and a legal system. Therefore, this paper seeks to solve this problem via a new formulation which relies upon plithogenic n-SuperHyperGraphs, which assess multidimensional properties, or relative truths based upon context. The research involves an interdisciplinary approach of legal dogmatic theory of crime and punishment in conjunction with fuzzy logic and combinatorial mathematics to investigate a sample of case law for where n-SuperHyperGraphs fill in the gaps of traditional criminal dogmatics. The results show that n-SuperHyperGraphs and especially plithogenic n-SuperHyperGraphs allow one to present elements of crimes and their relative truths/purposes to each other in a more flexible fashion, allowing for truths such as "criminal law is ambiguous" or "mitigating circumstances matter." In this way, one can assess elements of crime and punishment more than via the binary yes/no determination of classical legal dogmatics. Ultimately, the contribution this work results in is twofold: theoretically, the findings extend the doctrine of criminal law to rely upon a comprehensive statistical approach to uncertainty; practically, practitioners may rely upon this new tenet for more accurate and just determinations. Ultimately, this study leads to a new 21st century approach to crime and punishment theory for operational certainty and material equity. https://fs.unm.edu/NSS/38.EffectivenessDogmaticplithogenic.pdfcriminal dogmaticstheory of crimen- superhypergraphsplithogeniclegal reasoninglegal uncertaintymathematical modeling. |
| spellingShingle | Luis A. Crespo-Berti Josía Jeseff Isea Argüelles Marco Patricio Villa Zura Effectiveness of dogmatic criminal law reasoning in the permanent structure of the general theory of crime and punishment through plithogenic n-SuperHyperGraphs Neutrosophic Sets and Systems criminal dogmatics theory of crime n- superhypergraphs plithogenic legal reasoning legal uncertainty mathematical modeling. |
| title | Effectiveness of dogmatic criminal law reasoning in the permanent structure of the general theory of crime and punishment through plithogenic n-SuperHyperGraphs |
| title_full | Effectiveness of dogmatic criminal law reasoning in the permanent structure of the general theory of crime and punishment through plithogenic n-SuperHyperGraphs |
| title_fullStr | Effectiveness of dogmatic criminal law reasoning in the permanent structure of the general theory of crime and punishment through plithogenic n-SuperHyperGraphs |
| title_full_unstemmed | Effectiveness of dogmatic criminal law reasoning in the permanent structure of the general theory of crime and punishment through plithogenic n-SuperHyperGraphs |
| title_short | Effectiveness of dogmatic criminal law reasoning in the permanent structure of the general theory of crime and punishment through plithogenic n-SuperHyperGraphs |
| title_sort | effectiveness of dogmatic criminal law reasoning in the permanent structure of the general theory of crime and punishment through plithogenic n superhypergraphs |
| topic | criminal dogmatics theory of crime n- superhypergraphs plithogenic legal reasoning legal uncertainty mathematical modeling. |
| url | https://fs.unm.edu/NSS/38.EffectivenessDogmaticplithogenic.pdf |
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