2024-03-28T14:57:52Zhttps://www.tdx.cat/oai/requestoai:www.tdx.cat:10803/3993262017-11-02T06:45:09Zcom_10803_120col_10803_51759
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Maestres Useche, Brígida Cristina
author
2016-11-02
As from the philosophy in Paul Rincoeur’s text, the system sociology of Niklas
Luhmann and the biopolitic of Michael Focault, we explore the verdict of the
“101/2012” sentence of February 27th; with the objective of identifying
subjects and political voids inherent to its jurisdiction. This is, correlative to the
temporality that outlines the legality, the ordinance and the amnesty, in the legal
reasonings that are exposed in the judgment to resolve the dilemma of
principles, duty to investigate and judicial banning of sanctioning. The
resolution of the dilemma that favors this last one, makes us come face to face
with a paradox of difficult fracture which can be found, according to our point
of view, in the constitutional base of the Spanish contemporary state. But this is
precisely the point at issue that´s open in the debate set out by this investigation,
when framing a question about the function of impunity, precisely from the
former identification of its constitutive subjects. Throughout this work, we’ll
maintain that the effectiveness of the verdict doesn't reside in the deactivation of
the ius punendi but on the activations and/or creations of meaning that unleash
from its emergency. For the time being, voids have been effectively activated
for the legal and political existence and victims get deactivated; simultaneously
allowing us to speculate about the reason of state implied in these operations.
This argument would force to restore the problem to the forum affairs from
which its been expelled, turrning it into a mere issue of victims and family
members, for example, by the Law of the Historical Memory. Consequently,
facing the Francoist matter, the investigation responds with this thesis which
proposes to go further by situating the verdict as a singularity in a broader
network of episodes, in which the victim’s government is an object of
domination. From that point of view, the thesis of reason of state gets
transformed though this channel into biopolitics, in its conjecture, warning us
about its possible absorption/comprehension of the duty of the Spanish
contemporary state. The point of issue for the “us” rises as a final reflection:
Who or what is the “us” of this biopolitic of vulnerability and victimisation?
With this, we possibly find an open road for the matter of state, so prominent in
the political conflict of the Spanish contemporary state.
9788449027253
http://hdl.handle.net/10803/399326
Anamnesi
Anamnesis
Anamnsis
Jurisdicció
Jurisdicción
Jurisdiction
Exceptionaitat
Expecionalidad
Expecptionality
El franquismo como actualidad. Reflexiones psicosociológicas para una crónica del nosotros a través de una lectura del tiempo en la STS 101/2012, de 27 de febrero