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The genealogy of Democratic Criminal Law: A Moral Polemic

Authors

  • Nicolás Otero Álvarez Sr.

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