Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ Revista ftarrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
Revista ft
Article . 2026 . Peer-reviewed
License: CC BY
Data sources: Crossref
addClaim

Direito, literatura e humanidade: crime e castigo como instrumento de reflexão jurídica

Authors: Izabelle Darc Diniz do Nascimento; Olívio Botelho de Andrade Neto;

Direito, literatura e humanidade: crime e castigo como instrumento de reflexão jurídica

Abstract

This article investigates the insufficiency of traditional legal-penal categories in the face of the complexity of the criminal phenomenon, using Fyodor Dostoevsky's Crime and Punishment as the object of analysis. The research examines how the institutes of typicality, culpability, the victim's perspective, and the function of punishment operate through conceptual reductions that silence the subject's existential and ontological density. Grounded in the Law and Literature movement and Critical Criminology, the study employs the theoretical contributions of James Boyd White, Martha Nussbaum, and Alessandro Baratta to contrast technical legal rationality with literary narrative. The analysis demonstrates that while Criminal Law stabilizes conflict into abstract and functional categories, literature reveals a human surplus that resists legal formalization, highlighting the need for an ethical and interdisciplinary understanding of crime.

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
hybrid
Fields of Science
Fields of Science