Liberalismo, sanción y reproche
una revisión crítica del concepto de reproche en la teoría jurídico-penal de C. S. Nino
DOI:
https://doi.org/10.5347/39.2013.107Keywords:
Punishment, blame, liberalism, perfectionism, intersubjectivity, auto-referentiality, NinoAbstract
Liberalism, Punishment and Blame: A Critical Review of the Concept of Blame in C. S. Nino’s Legal Theory
This paper has three related goals. The first one, purely hermeneutic in kind, seeks to track and reconstruct the main reasons that would have led C. S. Nino to reject the concept of ‘blame’ in his theory. The second goal, more critically oriented, attempts to evaluate the credibility of these reasons by contrasting them with other reasons (more philosophically convincing) that would have actually begun to develop within Nino’s own theory. The third goal is to detach the concept of blame from certain connotations that have been usually associated to it, so that it can have a more appropriate place in the context of a liberal legal theory.
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