Keywords
Criminal law
Subjectivism
Objectivism
State perfectionism
Consensual theory of punishment
Subjectivism
Objectivism
State perfectionism
Consensual theory of punishment
How to Cite
Torres Ortega, I. C. (2014). Subjectivism and objectivism in criminal law by Carlos Santiago Nino. Ciencia Jurídica, 3(5), 85–103. https://doi.org/10.15174/cj.v3i1.91
Abstract
This article is an analysis of the work of Carlos Santiago Nino called “Subjectivism and Objectivism in Criminal Law”, published after the consolidation of his most important theories, it is particularly related to his theory about punishment´s justification. Reviewing the process in which it has been established the preeminence of a subjectivism model in the traditional theory of crime, it can be concluded that if this theory is accepted, guilt could be determined by the agent´s moral character, which derives in the State’s moral perfectionism. Carlos Nino’s objetictivism choice is consistent with his ideas of a liberal model of criminal responsability, contrary to moral evaluations of the persons.The authors retain the copyright and must provide in writing the authorization for the first publication, via a computer network and printed to Juridical Science. Third parties are allowed to use the published information provided that the authorship of the work and the first publication in this journal are respected and made public.
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