The concept of "exigüidad" of the crime: dogmatic and criminal politics perspectives.
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Keywords
Smallness, Harm principle, low damage
Abstract
Through the analysis of criminal reflection of the main enlightened philosophers, the author wants to show different arguments that from those positions can be given to the use of the penalty as a State’s mechanism, pointing out how dissimilar starting points like utilitarianism and retributivism has served since the Illustration of the basis of modern criminal punishment, despite of such foundation is not always, as it has been tough, a desire of humanize punishment mechanism.
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