Metodo scientifico e metodo giuridico nel diritto penale

In criminal law, the relationship between the scientific method and the legal method has long been a subject of debate. While the first one aims to ensure high standards of result certainty, the second one relies on cognitive tools drawn from the humanities. This gap reaches its peak in jurimetrics, which embodies the scientific method in criminal law and provides a fertile ground for the use of artificial intelligence tools. This paper explores the intersection of these methods, also considering the new perspectives introduced by AI. It addresses the evolving nature of positive law and its underlying principles, the greater flexibility offered by humanities tools and the qualitative and value-based nature of assessments within legal texts. Specifically, the paper a) examines various approaches drawn from sociological, philosophical and criminological knowledge; b) assesses how these converge in case law and may be rationalised through algorithmic decision-support tools; c) investigates how the object of study influences results characteristics, which are often better expressed through value judgments about their utility for the legal system and all individuals affected by the crime, rather than through numerical data.