Neutrosophic Sets and Systems
Abstract
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.
Recommended Citation
Crespo-Berti, Luis A.; Josía Jeseff Isea Argüelles; and 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 89, 1 (2025). https://digitalrepository.unm.edu/nss_journal/vol89/iss1/39