
doi: 10.69849/3g461e98
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.
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