"Dr. Montessori was par excellence the great interpreter of the child; and though she herself has passed on from the scene of her labours her work will still go on."-- Westminster Cathedral Chronicle One of the landmark books in the history of education--and one of the least expensive editions now available--this volume describes a new system for educating youngsters. Based on a radical concept of liberty for the pupil and highly formal training of separate sensory, motor, and mental capacities, (...) the system enabled youngsters to master reading, writing, and arithmetic rapidly and substantially. Included are discussions of scientific pedagogy; discipline; the importance of proper diet, gymnastics, and manual labor; and many other topics. Unabridged reprint of the classic 1912 edition. (shrink)

This paper considers the process of becoming an international public intellectual, taking the case of Maria Montessori (1870–1952), the Italian physician who became an authority on education and, u...

This paper lays out the epistemology of Maria Montessori . I start with what I call Montessori's ‘interested empiricism’, her empiricist emphasis on the foundational role of the senses combined with her insistence that all cognition is infused with ‘interest’. I then discuss the unconscious. Partly because of her emphasis on early childhood, Montessori puts great emphasis on unconscious cognitive processes and develops a conceptual vocabulary to make sense of the continuity between conscious and unconscious processes. (...) The final sections turn to two brief but important applications of this general epistemic framework, the importance of ‘meditation’ as an epistemic practice and Montessori's accounts of epistemic virtues. (shrink)

This paper elucidates the core principles of Maria Montessori's metaphysics. Her attention to embryological, evolutionary, and educational development led to her teleological metaphysics of life. Individual organisms are governed by internally driven, perfectionist, discontinuous teleology. And this individual teleology is integrated into a holistic, ecological context whereby individuals' striving towards perfection works for the increased ordered complexity of the systems of which they are parts. Moreover, Montessori extends this metaphysics of life to include nonliving components of nature, (...) such that atoms, planets, and inorganic molecules are governed by the same general teleological structure. (shrink)

Through philosophical analysis of Montessori’s critiques of psychology, I aim to show the enduring relevance of those critiques. Maria Montessori sees experimental psychology as fundamental to philosophy and pedagogy, but she objects to the experimental psychology of her day in four ways: as disconnected from practice, as myopic, as based excessively on methods from physical sciences, and—most fundamentally—as offering detailed examinations of human beings (particularly children) under abnormal conditions. In place of these prevailing norms, Montessori suggests (...) a model of the teacher-scientist in a specially prepared environment, who can engage in sustained and impassioned observation of “normalized” children. Drawing from a variety of texts and recently published lectures, this article lays out Montessori’s philosophy of experimental psychology and briefly discusses its relevance today. (shrink)

This paper lays out the moral theory of philosopher and educator Maria Montessori (1870–1952). Based on a moral epistemology wherein moral concepts are grounded in a well-cultivated moral sense, Montessori develops a threefold account of moral life. She starts with an account of character as an ideal of individual self-perfection through concentrated attention on effortful work. She shows how respect for others grows from and supplements individual character, and she further develops a notion of social solidarity that (...) goes beyond cooperation toward shared agency. Partly because she attends to children's ethical lives, Montessori highlights how character, respect, and solidarity all appear first as prereflective, embodied orientations of agency. Full moral virtue takes up prereflective orientations reflectively and extends them through moral concepts. Overall, Montessori's ethic improves on features similar to some in Nietzschean, Kantian, Hegelian, or Aristotelian ethical theories while situating these within a developmental and perfectionist ethics. (shrink)

Dr. Maria Montessori opened the first Casa dei Bambini (Children's House) on 6 January 1907 in San Lorenzo, Rome. Through her observations and work with these children she discovered their astonishing, almost effortless ability to learn. Thus began a century of great work uncovering the true nature of childhood. "Times have changed, and science has made great progress, and so has our work; but our principles have only been confirmed, and along with them our conviction that mankind can (...) hope for a solution to its problems, among which the most urgent are those of peace and unity, only by turning its attention and energies to the discovery of the child and to the development of the great potentialities of the human personality in the course of its formation." Dr. Montessori from the forward to "The Discovery of the Child", Poona 1948. (shrink)

This paper shows how Maria Montessori's thought can enrich contemporary virtue epistemology. After a short overview of her ‘interested empiricist’ epistemological framework, I discuss four representative intellectual virtues: sensory acuity, physical dexterity, intellectual love, and intellectual humility. Throughout, I show how Montessori bridges the divide between reliabilist and responsibilist approaches to the virtues and how her particular treatments of virtues offer distinctive and compelling alternatives to contemporary accounts. For instance, she emphasizes how sensory acuity is a virtue (...) for which one can be responsible, highlights the embodied nature of cognition through a focus on physical dexterity, interprets intellectual love as a way of loving the world rather than as a love that takes knowledge as its object, and presents an alternative account of intellectual humility to contemporary emphases on the interpersonal dimensions of this virtue. (shrink)

This article draws on Martha Nussbaum's distinction between basic, internal, and external capacities to better specify possible locations for children's ‘incapacity’ for autonomy. I then examine Maria Montessori's work on what she calls ‘normalization’, which involves a release of children's capacities for autonomy and self-governance made possible by being provided with the right kind of environment. Using Montessori, I argue that, in contrast to many ordinary and philosophical assumptions, children's incapacities for autonomy are best understood as consequences (...) of an absence of external conditions necessary for children to exercise capacities they already have internally, rather than intrinsic limitations based on their stage of life. In a closing section, I show how Montessori proposes a model wherein both children and adults have autonomy, power, and responsibility, but over different spheres, and suggest implications of these differences for who has responsibility for establishing the conditions under which children can flourish. (shrink)

Surprising as it may appear, the philosophical writings of political economist Karl Marx (1818–1883), and those of philosopher, educator Maria Montessori(1870–1952), show thematic resemblances that invite further exploration. These resemblances reflect both keen awareness of the historical period they shared, but also important common threads in their philosophical anthropology, ethical and political values, and goals. In this paper, I examine one central thread which both take as fundamental, namely, the centrality of work in achieving the harmonious development of (...) humankind. I critique Marx’s description of the dynamic process leading to his classless society, because he fails to supply the proximate, efficient cause or middle term that effects this goal. My thesis is that Montessori supplies this missing causal link through her scientific demonstration of the work and function of the child and her holistic understanding of the human person in its full historical dimension, and human and cosmic telos. (shrink)

Surprising as it may appear, the philosophical writings of political economist Karl Marx (1818–1883), and those of philosopher, educator Maria Montessori(1870–1952), show thematic resemblances that invite further exploration. These resemblances reflect both keen awareness of the historical period they shared, but also important common threads in their philosophical anthropology, ethical and political values, and goals. In this paper, I examine one central thread which both take as fundamental, namely, the centrality of work in achieving the harmonious development of (...) humankind. I critique Marx’s description of the dynamic process leading to his classless society, because he fails to supply the proximate, efficient cause or middle term that effects this goal. My thesis is that Montessori supplies this missing causal link through her scientific demonstration of the work and function of the child and her holistic understanding of the human person in its full historical dimension, and human and cosmic telos. (shrink)

Selon Schiller, jouer, c’est agir en étant dégagé de toute contrainte et de toute obligation, et donc tirer grand plaisir de sa liberté par rapport aux nécessités. C’est ce sentiment de liberté rattachant le jeu au phénomčne esthétique de beauté qui fait sa grande valeur éducationnelle. La qualité que nous appelons beauté procure le męme plaisir que le jeu. Dans une belle śuvre d’art, la matičre n’est pas dominée par la forme ou vice-versa. Une śuvre d’art est un jeu libre (...) entre forme et substance, entre beauté et contrainte, et représente de ce fait le summum de l’activité ludique. Les jeux sont des pas sur la voie de la beauté, car ils éduquent ceux qui jouent au plaisir de la liberté de création. Contrairement ŕ la position de Schiller, Maria Montessori rejette le jeu comme moyen d’éducation. Elle pense que les enfants doivent travailler pour trouver leur voie ŕ travers les difficultés de la réalité. Or, l’analyse de ses méthodes révčle la présence de nombreux éléments de la liberté que Schiller attribue au jeu. Les enfants peuvent choisir les choses avec lesquelles ils « travaillent ». Ils ne sont pas obligés de les utiliser exactement de la maničre que l’éducateur leur montre. Et, ce qui est le plus important, les enfants prennent un grand plaisir ŕ exécuter leur « travail ». Dans cet article, l’auteur interprčte d’abord les réflexions de Schiller sur l’éducation ŕ travers le jeu, oů l’accent est mis sur l’imagination. Dans la seconde partie, l’auteur discute la question de savoir s’il est justifié de prétendre que Maria Montessori rejette l’imagination comme moyen d’éducation. (shrink)

Journal of Philosophy of Education, EarlyView.

Bei Schiller bedeutet Spielen ein Handeln frei von Notwendigkeit und Pflicht und bedeutet dementsprechend das Genießen der Befreiung von der Notwendigkeit. Es ist diese Erfahrung der Freiheit, die das Spiel mit dem ästhetischen Phänomen der Schönheit verbindet und seinen großen erzieherischen Wert ausmacht. Die Eigenschaft, die wir als Schönheit bezeichnen, setzt dieselbe Leichtigkeit des Geistes voraus wie das Spiel. In einem schönen Kunstwerk herrscht weder die Form über den Stoff noch umgekehrt. Ein Kunstwerk ist ein freies Zusammenspiel von Form und (...) Inhalt, von Schönheit und Notwendigkeit, so dass es die höchste Erscheinungsform des Spiels darstellt. Spiele sind Stufen auf dem Weg zur Schönheit, weil sie die Spieler zum Genuss der freien Kreativität erziehen. Im Unterschied zu Schiller verwirft Montessori das Spiel als Erziehungsmittel. Sie behauptet, dass die Kinder arbeiten sollen, um sich ihren eigenen Weg durch die Schwierigkeiten der Realität zu bahnen. Allerdings lassen sich beim näheren Hinsehen in ihren Methoden viele Elemente der Freiheit erkennen, welche Schiller dem Spiel zuschreibt. Beispielsweise können sich die Kinder die Gegenstände aussuchen, mit denen sie „arbeiten” wollen. Sie brauchen sie auch nicht zwingend auf die Art einzusetzen, wie es ihnen die ErzieherInnen vormachen. Und vor allem genießen die Kinder ihre „Arbeit” voll und ganz. In der folgenden Abhandlung erläutert die Autorin zunächst Schillers Gedanken zur Erziehung durch Spiel, insbesondere im Hinblick auf das Phänomen der Phantasie. Im zweiten Teil setzt sich die Autorin mit der Frage auseinander, ob es richtig ist zu behaupten, dass Montessori die Phantasie als Erziehungsmittel ablehnt. (shrink)

In Schiller’s opinion, to play means to act free from the force of need as well as of duty and thus to enjoy liberation from necessity. It is this experience of freedom that links play with the aesthetical phenomenon of beauty and causes its high educational value. The quality that we call beauty represents the same lightness of spirit as the game does. In the beautiful work of art, the material is not dominated by the form or vice versa. The (...) work of art shows a free play between form and matter, between beauty and necessity, and thus represents the highest kind of play. Games are steps on the way to beauty, because they educate the player to enjoy the freedom of creativity. Contrary to Schiller’s position, Montessori refuses play as a means of education. She holds that children have to work in order to find their way in the difficulties of reality. But in studying her methods one realizes that there are many elements of that freedom which Schiller attributes to play. Children can chose the things with which they “work”. They are not forced to use them in exactly the same way that the nurse has shown them. And most important: the children enjoy their “work” thoroughly. In my paper I will first explain Schiller’s thoughts on education by play with special emphasis on the phenomenon of fantasy. In the second part of my paper I will discuss the question whether it is true to say that Montessori refuses fantasy as a means of education. (shrink)

The Montessori Method is accepted as an alternative education model today. Although it was spread out in USA at the beginning of the 20th century, it is currently used and accepted all over the world. Although its application in pre-education is common, it has also been adopted and applied at different levels. The Montessori method differs from traditional education not only in terms of approach to students, teachers, discipline, and school environment, but also in the way it uses (...) certain materials in its education. According to Maria Montessori, kids should be at the center of education, and the duty of teacher is to observe and guide children. The Montessori method, which is mostly applied in general education, is also used in the education of religion, values, and morals. In this study, besides Maria Montessori's thoughts on general education, her thoughts on religious education are also discussed. This research focuses on Montessori schools in Indiana, United States -. In this study, the qualitative research method and the phenomenological approach are adopted. Observation, interview, and document analysis are used as data collection tools. The subject of the study is the discussion of the Montessori method in terms of research results in religion, values and moral education and Montessori’s point of view on the subject. All participants, who work as instructors in Montessori schools, determined by maximum diversity and snowball sampling, Observation in Montessori schools and the program of one of them is used as an aid in the interpretation of the research findings. (shrink)

Traditional American schooling is in constant crisis because it is based on two poor models for children's learning: the school as a factory and the child as a blank slate. School reforms repeatedly fail by not penetrating these models. One hundred years ago, Maria Montessori, the first female physician in Italy, devised a very different method of educating children, based on her observations of how they naturally learn. Does Montessori education provide a viable alternative to traditional schooling? (...) Do Dr. Montessori's theories and practices stand up to the scrutiny of modern-day developmental psychology? Can developmental psychology tell us anything about how and why Montessori methods work? In Montessori, the author shows that science has finally caught up with Maria Montessori: Current scientific research provides astounding support for her major insights. She presents the research concerning eight insights that are foundational to Montessori education and describes how each of these insights is applied in the Montessori classroom. In reading this book, parents and teachers alike will develop a clear understanding of what happens in a Montessori classroom and, more important, why it happens and why it works. Montessori however, does much more than explain the scientific basis for Montessori's system. Amid the clamor for evidence-based education, this book presents the studies that show how children learn best, makes clear why many traditional practices come up short, and describes an ingenious alternative that works. Everyone interested in education, at all levels and in all forms, will take from this book a wealth of insights on how to improve teaching effectiveness. Montessori is indispensable reading for anyone interested in what psychologists know about human learning and development. (shrink)

Jerry Kirkpatrick's Montessori, Dewey, and Capitalism: Educational Theory for a Free Market in Education presents a provocative synthesis of the educational philosophies of Maria Montessori and John Dewey with the economic philosophies of Ayn Rand and Ludwig Von Mises. At the center of Kirkpatrick's thesis is his belief that public education be subject to a free-market model. Kirkpatrick holds that students can thrive in an educational system free from all forms of coercion, something he believes can only (...) be accomplished in a free-market educational system that is not bound by government intervention. He borrows from Ayn Rand in arguing that only the individual matters and that all forms of imposed authority .. (shrink)

This paper aims to focus on certain aspects of two education methods: one initiated in the first half of the twentieth century by Maria Montessori, and the other in the second half of that century by Matthew Lipman. The aim – neither comparative nor analytical – is to shed light on the connections and, more specifically, the elements of the Montessori Method that reflect on Lipman’s proposal. The question this paper aims to answer is: can P4C find (...) fertile ground in schools applying the Montessori Method? The paper will focus, among other elements: on the importance to give space to thinking experience from childhood and on the recognition of the value of childhood. Both Lipman and Montessori have systematically observed children of different ages – the former in the first half, the latter in the second half of the twentieth century. Both characterized, gave value, and focused their scientific contributions on children’s ability to think and express their thoughts through languages. As educational researchers and professionals know, children have the ability to think, but such ability has not always been considered to exist. Even when it is evoked in words, educational choices and proposals seem – still today – to express mistrust towards children’s thought. The two mentioned authors have repeatedly highlighted the importance of an essential right: the right to think and to be given a space – even as children – to exercise thinking with others. In particular, both authors – though envisaging different educational paths – identified the same categories functional to exercising thinking. Their interconnection may guide the actions of teachers, educators, and learning process experts. In fact, P4C might play a role in educational contexts in which the class is already considered a community of inquiry, in which the teacher is assigned the same role as a facilitator. (shrink)

Education – typically and rightly held to be an incontrovertible good – has for some time now been dominated by mass formal schooling systems. These systems routinely harm and oppress many students. I argue that they do so impermissibly, and I call this stance “educational pacifism”. I propose that Maria Montessori’s views on mass formal schooling systems broadly align with educational pacifism and that, therefore, she can be considered an educational pacifist. Finally, I claim that contemporary Montessorians ought (...) to be educational pacifists, firstly because educational pacifism makes a compelling moral argument and secondly because Montessori herself agrees with it. (shrink)

In recent years, philosophers and psychologists have criticized character- or virtue-based normative theories on the basis that human behavior and cognition depend more on situation than on traits of character. This set of criticisms, which initially aimed at broadly Aristotelian virtue theories in ethics, has expanded to target a wide range of approaches in both ethics and, recently, epistemology. In this essay, I draw on the works of Maria Montessori to defend her conception of character and particularly of (...) intellectual virtue in the light of situationist objections. I start with an overview of the situationist challenge before turning to some reasons to think that Montessori’s virtue epistemology might be susceptible to it. I then offer a brief discussion of Montessori’s approach to character. After laying out two ways that Montessori, like recent conservative defenses of virtue epistemology, deflates the significance of situationist findings, I show some ways that Montessori’s virtue epistemology resembles so-called “accommodationist” responses to situationism. (shrink)

Aristocles of Messene is a first century AD Aristotelian philosopher who discusses the thought of ancient Greek philosophers, including Plato, Zeno, Pyrrho, and Epicurus, as well as Eleatic and Cyrenaic philosophies. His main contribution is his testimony on Pyrrhonism, and his political verve makes his On Philosophy an interesting and amusing read for specialists and non-specialists alike.

Human nature has always been a foundational issue for philosophy. What does it mean to have a human nature? Is the concept the relic of a bygone age? What is the use of such a concept? What are the epistemic and ontological commitments people make when they use the concept? In What’s Left of Human Nature? Maria Kronfeldner offers a philosophical account of human nature that defends the concept against contemporary criticism. In particular, she takes on challenges related to (...) social misuse of the concept that dehumanizes those regarded as lacking human nature (the dehumanization challenge); the conflict between Darwinian thinking and essentialist concepts of human nature (the Darwinian challenge); and the consensus that evolution, heredity, and ontogenetic development results from nurture and nature. After answering each of these challenges, Kronfeldner presents a revisionist account of human nature that minimizes dehumanization and does not fall back on outdated biological ideas. Her account is post-essentialist because it eliminates the concept of an essence of being human; pluralist in that it argues that there are different things in the world that correspond to three different post-essentialist concepts of human nature; and interactive because it understands nature and nurture as interacting at the developmental, epigenetic, and evolutionary levels. On the basis of this, she introduces a dialectical concept of an ever-changing and “looping” human nature. Finally, noting the essentially contested character of the concept and the ambiguity and redundancy of the terminology, she wonders if we should simply eliminate the term “human nature” altogether. (shrink)

This paper revisits Donnellan’s distinction between referential and attributive uses of definite descriptions and argues that it is not exhaustive. Donnellan characterizes the distinction in terms of two criteria: the speaker’s intentions and the type of content the speaker aims to express. I argue that contrary to the common view, these two criteria are independent and that the distinctive features may be coinstantiated in more than two ways. This leaves room for nonattributive and nonreferential uses of definite descriptions. Kripke’s notions (...) of general and specific intentions provide a framework that accommodates such cases. Additionally, it proves useful for the analysis of the use of proper names with specific nonsingular intentions. The paper also discusses how the interpretation of the use of definite descriptions as attributive or referential (or neither) is sensitive to which theory of singular thoughts one adopts. (shrink)

Volume 17, Issue 4, September 2020, Page 470-473.

Telemedicine changes clinical practice and introduces new ways of distributing tasks between physicians and nurses, and particularly the delegation of sensory assessments during remote physical examinations. As nurses become more involved in patient assessment and clinical decision‐making, the quality of physician–nurse collaboration has been recognized as essential to ensure quality patient care. However, few studies have examined physician–nurse interactions during teleconsultations. This article presents the results of an empirical study of nurse–physician communication during remote physical examinations. In partnership with a (...) university‐affiliated hospital in Ontario, Canada, we observed and recorded 10 simulated postsurgical consultations in orthopedics (involving a physician, a patient, and an on‐site nurse) and conducted auto‐confrontation interviews with physicians. The results of the thematic analysis of the interviews informed the selection of consultation sequences for in‐depth interaction analysis. The findings demonstrate the nurse's essential role during remote physical examinations and reveal specific practices accomplished by the nurse to ensure successful nurse–physician collaboration. The interview data shows how physicians view the nurse's role and contributions. The findings contribute to our understanding of the collaborative nature of sensory assessments during remote physical examinations in telemedicine and can inform the development of training programs for professionals focusing on communication skills. Implications for clinical practice are discussed. (shrink)

Aristotle's influence in the young Heidegger has been confirmed by the publication of his unedited works. This article questions Heidegger's late allegation of having received that influence through reading Brentano's "On the manifold sense of Being in Aristotle". This study analyses the different steps of Heidegger's thesis on truth until Sein und Zeit and compares them to those of Brentano, such as judgment being the proper place of truth and the difference between judgment and representation.

This paper reflects on the notion and structural components of two concepts: the human condition and human nature. Likewise, it is proposed that both concepts should be included in the basic themes not only in the field of Educational Philosophy, but also in all disciplines where the human being occupies a privileged place. Human condition is understood as a state of subjection to everything with which human beings interact and represents the starting point to ascend to three natures that correspond (...) to human beings. Hegel emphasizes two natures of man. The first is characterized by having a biological structure governed by instincts. The second is culture and to ascend to it requires processes of intellection that can be objectified through consciousness. The third human nature proposed in this paper is rooted in Ernst Bloch’s principle of hope. It is materialized by human actions tending to the construction of the future from the discovery of what is not-yet-conscious that, when identified, is achieved through actions. (shrink)

This paper addresses whether the often-bemoaned loss of unity of knowledge about humans, which results from the disciplinary fragmentation of science, is something to be overcome. The fragmentation of being human rests on a couple of distinctions, such as the nature-culture divide. Since antiquity the distinction between nature (roughly, what we inherit biologically) and culture (roughly, what is acquired by social interaction) has been a commonplace in science and society. Recently, the nature/culture divide has come under attack in various ways, (...) in philosophy as well as in cultural anthropology. Regarding the latter, for instance, the divide was quintessential in its beginnings as an academic dis-cipline, when Alfred L. Kroeber, one of the first professional anthropologists in the US, rallied for (what I call) the right to ignore—in his case, human nature—by adopting a separationist epistemic stance. A separationist stance will be understood as an epistemic research heuristic that defends the right to ignore a specif-ic phenomenon (e.g., human nature) or a specific causal factor in an explanation typical for a disciplinary field. I will use Kroeber’s case as an example for making a general point against a bias towards integration (synthesis bias, as I call it) that is exemplified, for instance, by defenders of evolutionary psychology. I will claim that, in principle, a separationist stance is as good as an integrationist stance since both can be equally fruitful. With this argument from fruitful sepa-ration in place, not just the separationist stance but also the nature/culture di-vide can be defended against its critics. (shrink)

Julián Marías (1914-2005) è un pensatore ancora poco conosciuto al lettore italiano, spesso oscurato dall’ombra del suo celebre maestro, José Ortega y Gasset. Filosofo indipendente e coraggioso, offre una proposta più coerente rispetto a Ortega sul tema essenziale comune a entrambi: il poter “dare ragione” della vita evitando gli opposti scogli del razionalismo e del vitalismo. “Dare ragione” della vita significa comprenderla nella sua “condizione morale” che trova espressione nel desiderio di felicità, nell’esigenza di amore e di amicizia, nei differenti (...) vissuti di ciascuna età. Significa riconoscerne la dimensione elettiva: vivere è preferire, saper fornire ragioni per l’opzione di qualcosa rispetto a qualcos’altro. Per questo motivo, più che alla categoria del bene, l’attenzione è rivolta a quella del meglio, fondamentale per comprendere il senso pieno delle proprie scelte e dell’intera trama della propria biografia. (shrink)

In 1626, the Neapolitan Ottavio Sammarco published the Discorso politico intorno la conseruatione della pace dell'Italia in which the author referred to the King of Spain as arbiter among the Italian princes and his ministers in Italy as efficient instruments to ensure the stability. This piece of political literature shows an explicit practical orientation, through which the author carries out a systematisation of the political means to achieve quietness in Italy. In articulating the praxis into formal language, Sammarco looks to (...) the past searching for the wisdom of History and uses Tacitus’ account to build a discourse around the tools and mechanisms for preserving stability and avoiding conflicts. The aim of this article, in the first instance, is to examine Sammarco's discursive programme and the purpose of his discourse; in the second place, how Tacitus serves the author's aim and how his account means a fundamental anchor. Furthermore, it will be useful to trace how the political language that transforms the continuous threat of war into politics is modelled by 1626 in Italy and how Sammarco contextualizes his political vocabulary within the Spanish Monarchy political dialectic at the beginning of XVII century. (shrink)

La integración de la tecnología en el ámbito del derecho penal plantea desafíos significativos debido a la falta de regulación de la inteligencia artificial (IA), lo que podría comprometer los derechos fundamentales. Este estudio se centra en abordar estos desafíos y proponer soluciones mediante un análisis exhaustivo de la situación actual y las posibles implicaciones de la IA en el sistema jurídico penal. El objetivo principal de esta investigación es analizar los problemas, desafíos y oportunidades que surgen con la implementación (...) de la inteligencia artificial en el ámbito penal. Se busca identificar la necesidad de una regulación específica para la IA en el derecho penal, con el fin de proteger los derechos fundamentales de las personas y garantizar un sistema jurídico justo y equitativo. Para abordar esta problemática, se adoptó un enfoque metodológico cualitativo. Se llevó a cabo una revisión bibliográfica detallada para examinar los antecedentes, problemas y desafíos asociados con la IA en los sistemas jurídicos, especialmente en el ámbito penal. Además, se realizaron análisis de criterios y opiniones de expertos en derecho para obtener una comprensión más profunda de la situación y las posibles soluciones. Los resultados de este estudio revelan la necesidad urgente de establecer una normativa específica para regular la aplicación de la inteligencia artificial en el ámbito penal. Se destaca que la falta de regulación representa un riesgo significativo para los derechos fundamentales, especialmente en lo que respecta a la configuración de delitos con el apoyo de la IA. Además, se identifican diferentes dimensiones que deben abordarse en la regulación, incluyendo principios y reglas básicas del derecho, supervisión humana de los sistemas de IA y la promoción de la innovación responsable en este campo. Este artículo subraya la importancia de establecer una regulación efectiva para la inteligencia artificial en el ámbito penal. Esta regulación no solo protegerá los derechos fundamentales de las personas, sino que también promoverá un uso responsable y progresivo de la IA como una herramienta valiosa para los profesionales del derecho. Es crucial que la regulación sea integral y adaptable para garantizar un sistema jurídico justo y equitativo en la era digital. (shrink)