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This article studies the dogmatic orientation that today is named "functionalism" or "teleological", analysis that concerns with the approach the theoretical postulates of Niklas Luhmann, author who studies the complexity and fragmentation of multiple subsystems in postmodern societies, defining the social purpose of law, and explaining that it's necessity relies on the stabilization of the social order. This introductory study results of vital importance in order to be able to approach Günther Jakobs's  theory and his normative functional system, analyzing the practical consequences of the methodological principles of this author, who constructs his theory across a radical or absolute normative of the criminal law. function, refusing any ontological construction that limits the above-mentioned functional concept.

Henao-Cardona, L. F. (2010). Can and shall Criminal Law transform radically it´s contends of protection?. Estudios Socio-Jurídicos, 6(2), 501–533. Retrieved from https://revistas.urosario.edu.co/index.php/sociojuridicos/article/view/302

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