Dr. Miguel Arce Aggeo
Legal Research, Teaching, and Constructivist Epistemology
Welcome to this platform dedicated to legal scholarship, academic research, and the dissemination of legal knowledge.
Throughout my career in research, scholarly publishing, and university teaching, I have focused on challenging the rigid structures of traditional criminal law in order to understand criminal conduct and legal systems through the dynamics of human coexistence and social interaction.
As a graduate of the University of Belgrano, where I also serve as Associate Professor of Criminal Law, and as a holder of a Doctorate in Criminal Sciences from the University of Salvador, I have developed my own functional approach to legal theory. I am also the author of Teoría del Concurso (1996).
My theoretical perspective firmly departs from the radical normativism of Günther Jakobs and the criminal policy approach of Claus Roxin. Instead, its epistemological foundations lie in cognitive science and biological systems, drawing particularly on the contributions of Humberto Maturana, Francisco Varela, Heinz von Foerster, Stuart Hameroff, Ricardo Echeverría, and other influential thinkers.
Today, it is no longer possible to adequately understand human behavior from a legal perspective without engaging with neuroscience, biology, second-order cybernetics, the biology of cognition, the structure of the mind, and the ontology of language, among other disciplines.
Only through a multidisciplinary approach can contemporary legal problems be properly addressed. In light of current developments in the sciences of the mind, many of the concepts traditionally classified as subjective and objective elements of legal analysis must be reconsidered, reformulated, or even abandoned, as they can no longer be adequately supported by contemporary scientific knowledge.
Without integrating these disciplines into legal theory, we cannot fully understand or explain one of the most significant scientific and technological developments in human history, a transformation unfolding before our eyes and accelerating every day: Artificial Intelligence (AI).
The theoretical work I began in 2005 has progressively transformed my understanding of the organization and structure of legal systems. Since then, I have maintained that the conceptual tools provided by traditional criminal law doctrine, particularly the notions of subjectivity and human volition, require fundamental restructuring within a new paradigm.
Such a paradigm must reflect the scientific advances emerging from the sciences of the mind, neuroscience, and the biology of cognition, while also recognizing the essential role of language in generating the relational spaces through which human coexistence becomes possible.
Legal scholarship that fails to engage with these scientific transformations risks becoming increasingly inadequate to explain the phenomena it seeks to regulate, regardless of the specific branch of law involved.
Through this website, which will continue to evolve, I hope to contribute innovative legal concepts grounded in the integration of these disciplines, offering scholars, legal professionals, and interested readers new theoretical tools for addressing the profound challenges that this emerging era of human civilization presents to legal systems.