New Article from Adriana Alfaro Altamirano
Fellow-in-Residence Adriana Alfaro Altamirano has published a new article in the Journal of Social Philosophy with co-author Adriana Ortega Ortiz. In "The Categories of Criminal Law: Cognitive Injustice and Non-Sovereign Agency in the Civil Law Tradition," Alfaro Altamirano and Ortega Ortiz explore the distinction between "act-based" and "agent-based" approaches in criminal law within the civil law tradition. It critiques the act-based perspective for overlooking structural inequalities and contextual factors that influence human behavior, particularly in Latin American and European legal systems. The authors advocate for a more nuanced understanding of criminal justice, arguing that personal background and context should play a critical role in adjudicating crimes, with a focus on reducing epistemic injustice and oppressive power dynamics within legal practices.
Alfaro Altamirano, A. and Ortega Ortiz, A. (2024), The Categories of Criminal Law: Cognitive Injustice and Non-Sovereign Agency in the Civil Law Tradition. Journal of Social Philosophy. https://onlinelibrary.wiley.com/doi/10.1111/josp.12591