La genealogía del Derecho penal democrático: Una polémica moral

Nicolás Otero Álvarez

doi:10.5354/0718-4735.2020.56837

Articles received by April 30 can be published in the first semester, and those received by September 15 can be published in the corresponding second-semester issue.

The genealogy of Democratic Criminal Law: A Moral Polemic

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Nicolás Otero Álvarez Sr.

No. 33 (2020): Segundo Semestre

https://doi.org/10.5354/0718-4735.2020.56837

Abstract

This essay concerns the foundation and legitimacy of criminal law; that is, it has to do with the limits of the theory of crime and the theories of punishment. The objective of the author is to provide the response that Klaus Günther has given to these theories for a democratic society, and explore their origins in Modernity and their roots in Western consciousness. Therefore, the reader will be able to find an explanation of the communicational and retributive theories of punishment, as well as the current concept of normative liberty. The text is highly critical and is based on Friedrich Nietzsche.

Keywords:

Freedom, Democracy, Christianity, Modernity, Responsibility

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Otero Álvarez, N. (2020). The genealogy of Democratic Criminal Law: A Moral Polemic. Revista De Estudios De La Justicia, (33), 25–76. https://doi.org/10.5354/0718-4735.2020.56837

The genealogy of Democratic Criminal Law: A Moral Polemic

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