COMPLEX MODE OF LAW THEORY: AN OUTLINE OF LEGAL EPIGENETICS

Abstract

The theory of positive law is inconsistent because it tends to be complete; it simplifies social systems, phenomena, and behaviors to normativism. Thus, positive law has sought to regulate human behavior in a generic manner through norms, independently of the influence and interaction of human, natural, and artificial social systems. In this way, the only thing it has achieved, paradoxically, is to consolidate an anomie in society, that is, an excess of ineffective norms that are simultaneously absent in everyday life and that do not regulate behavior; norms that paradoxically exist or do not exist. On the contrary, the proposed theory of complex legal mode seeks to eliminate the reductionism in which positive law has incurred. To do so, it takes into account the biological foundations of human behavior, that is, i.e., each human being has a unique, unrepeatable histocompatibility complex; ii.) each microbiota in the intestine is unique; and iii) skin relationships—skinship—establish unique valencies and types of relationships in each human being. It is through legal epigenetics that it is established that behavior is unique in each human being, given that it is influenced simultaneously by nature and culture. It is concluded that legal epigenetics radically corrects the postulates of legal positivism regarding the regulation of behavior in a generic manner through the language of norms, achieving this eminently with legal narratives in everyday life.