The Patriarchal Paradigm and the COIP: A Search for Deconstruction

Abstract

The patriarchal pattern is based upon the most abstract forms of human knowledge. In this way its projection has achieved advanced forms of dominance, which have extended to the social and legal areas. Criminal law has not been the exception. Through a dialectical deductive method, we will try to find the basic objectives that show us the COIP’s normative-substantial application bases. An interdisciplinary vision with transversal applications of sociology and philosophy will show us the necessity for a macro deconstruction, at a social and legal level. Through gender analysis, we will demonstrate the startling shortcomings with which the new COIP is handled in such delicate aspects as the applicative definition of rape.

KEYWORDS: Paradigma (paradigm), Patriarcalismo (patriarchy), Dialéctica (dialectic), Violación (rape), institutions.

JEL CODE / CLASIFICACIÓN JEL: K14, E42