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On Tyranny by Leo Strauss, Natural Right


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occasional "Natural Right and History", - "Natural Law and History" - (Strauss, 1971) is perhaps the most widely read text Strauss and the greatest impediment to the problem of natural law in addition also with other relevant articles on issue as it is "On the Natural Law" (Strauss, 1983) and texts that refer to the problem of Jerusalem and Athens to review later (Strauss, 1983), (Strauss, 1989).

In the case of natural law, Strauss draws attention to the meaning of the critique of natural law in the world today and how is it that despite its rejection is inevitable even ask for what is just and good. For example, although the principles of natural law (such as those that appear in the Constitution of the United States) are now regarded more as an ideal than as real, (Strauss, 1971, p.2), these might operate differently in real life. Thus, although we're used to thinking that all positive law is always right, however, the correctness or fairness of such a right should go for consistency with what we would call the principles of law (natural law) therefore, the concept of good endure anyway even if we have been subjected for so long the dogma of positive science and the distinction between facts and values. Even in modern legal theory, it is usual to refer to the so-called "legally protected interest" which provides a basis for the development of positive norms. (Malem, 1998: 73)


Thus the initial concern of Strauss' Natural Right and History ", this time focused on questions raised against the Natural Law from modern thought But Who have become the large natural law enemies?. Undoubtedly, first as already said, science and discourse of neutrality, but secondly appears disastrous for another current development of natural law, historicism, (Strauss, 1983) But the biggest problem is that contempt for natural law leads to nihilism (Strauss, 1971: p.5). Basically, you could say that the critique of natural law with German idealism begins and ends with the radicalization of historicism that appear in the works of authors such as Nietzsche and Heidegger, for example (Smith, 2009: 33)

In this sense, all , seems to begin with the rejection of the teleological view that arose from the ancient natural law, and is ruled entirely by modern science, as pointed out by the former (including Aristotle) \u200b\u200ball natural beings have a natural order, which defined that corresponded thing made to each. As indicated, in the case of men, the reason was what helped to identify these stocks, but when modern science breaks the teleological vision, then it is not possible to speak of natural ends.

So referring to criticism of historicism to natural law, Strauss indicates that it is decanted through the denial of the claim that natural law can be detected by universal reason. If history is a reliable knowledge then history would tell us that such knowledge "does not exist since we can find a myriad of notions of justice or injustice in the world. Thus, "history shows us that all principles of justice are mutable "(Strauss, 1971: p.9)

is clear that the issue of historicism was of great importance in Straussian thought, so we can also find references to other texts in this issue for example in" The Three waves of modernity "(Strauss, 1975), which identifies historicism with the so-called second wave of modernity, one that begins with Rousseau and proceeds to those initiated by Machiavelli and Hobbes (first wave linked to positivism:

" Characteristics of the nation's first wave of modernity were the reduction of morality and politics to a technical problem, and the concept of nature considered by civilization as a mere artifact "(Strauss, 1975: p.89) In contrast, in the second wave of Rousseau, we see that it is opposed to these two characteristics, however, did not try to go back but make its criticism on the basis of these same basis, ie starting from the Hobbesian state of nature, which the had not come back far enough to reach only to the barbaric stage proceeded to the true state of nature, ie pre-human stage, where the hominid was good because was in a pure state, however, change the pre-human state of civilization would not be a work of nature but of history, here lay then the shift proposed by the second wave that radicalized and the project of modernity. (Strauss, 1975: 89 - 90).

In this sense, the variety of conceptions of justice that would outline the preaching of historicism, would suggest so-called non-existence of natural law, Strauss would call such a perspective as a convention. This convention would consider that the distinction between convention and nature is the most important of all distinctions, however, in the context of ancient political philosophy of nature had a superiority of dignity with regard to the convention, but this change with development of historicism that more take to the convention as the idea of \u200b\u200bjustice or right, excluding the nature of this link. (Strauss, 1971: 11).

This relativization of truth that brought historicism, would be in the background as stated above beyond skepticism, believing that the attempt to transform philosophy views on the whole for knowledge about everything, not only is impossible but absurd, because the very idea of \u200b\u200bphilosophy rest on premises that are related (Strauss, 1971: 33)

But what concrete thing we should understand by "natural law"?, Strauss says about it: "The term natural law a law that determines who is right and wrong and who has power, or is it by nature, inherent and, therefore, everywhere and always. Natural law is a higher law "(Strauss, 1983: 137), however, he notes that not every natural law appears as a higher law because in some verses of Sophocles are evocations of a higher law (Divine) is not very natural. But as pointed out by Professor Strauss, "The notion of natural law presupposes the notion of nature" (Strauss, 1983: 137 - 138).

Strauss indicated then that the concept of nature is of Greek origin and there is no reference to it in the biblical world: "The nature was discovered by the Greeks at odds with art (knowledge that leads to the production of artefacts), and above all, the nomos (law, custom, convention, agreement, authoritative opinion). In light of the original meaning of "nature", the notion of "natural law" (nomos physeos TES) is a contradiction in terms "(Strauss, 1983: 138). This contradiction which relates specifically referred to the tension that exist between nature and convention, whereas the conventional take us back to the law - the same which may result in multiple conceptions of justice and hold conventionality - and naturally follow a pre-established order. Thus, rather it could differentiate between "natural law" (natural law) and the most appropriate term would be "natural right" (natural right).

talk of natural law means then think about what is right or correct by itself (according to nature) such as health, courage or intelligence. Certainly the first reflection on natural law as we can find among the Greek philosophers said. For example, while Plato preached on natural law if it refused the convention, saying that there are things that are just by nature (Strauss, 1983: 183) "There is a natural order of the virtues and other good things, this natural order is a measure of the law" (Laws, 631b-d). Aristotle for his part in his rhetoric, talking about "the law according to nature" as the immutable law that is common to all men ", however, in his" Nicomachean Ethics (1134b18-1135a5) is not refers to the natural law but natural law "natural law is the law which has everywhere the same force and not to its validity in any human statement" (Strauss, 1983: 140), one could understand then that the right provides natural minimum conditions for the existence of any community, hence its universal character. Positive law (conventional) if any case would vary depending on the features of the scheme.

The concept of natural law in fact first becomes a philosophical issue with the Stoics whom will not necessarily associated with moral or political, but the physics defined as the science of the universe (Strauss, 1983: 140 ), so the Eternal Law is nothing that the Supreme God, reason, ie, an ordering principle that organizes all matter around it. The important thing with this new reading of natural law is that in reality it is a model is based on the required obedience to authority: "In this application, the natural law directs man towards perfection, the perfection of a rational and social animal, is the guide of life and the teacher of the duties (Cicero about the nature of the gods, I, 40), is the dictate of reason for human life. Thus, the virtuous life, as worthy of being chosen by itself, becomes understood as adherence to natural law: a law, and therefore, as a life of obedience. "(Strauss, 1983: 141 .) So for the Stoic natural law was actually a moral virtue, that is, it was an obligation for everyone to get wise and virtuous - unlike the classical philosophers, while carrying a mandatory connotation. It seems then that there would be a divine providence would intervene to punish any violation of natural law. (Strauss, 1983: 141)

Following the lines of Stoicism, Christianity also develop a conception of natural law that is very close to the Stoic tradition but with certain modifications (eg abandoning materialism) and reaching its greatest development with St. Thomas Aquinas and Thomism in the thirteenth century. In the Christian natural law aspect, the disclosure is in principle a new factor which expresses the same eg the incorporation of the divine law (positive law that is contained in the Bible) that enhances the natural law., in this way, natural law can not be separated as a revealed theology (Strauss, 1971: 163 - 164). There is also the eternal law (God as the beginning of all creatures), which is above the divine and this in turn is above the natural law. All creatures are involved then the divine law. All the precepts of the Decalogue belong then to the natural law, being evident even for the same people (Strauss, 1983: 142), no penalty for breach of natural law but no one knows for sure if you can identify the reason such punishment. Of these ideas, you might think then that the natural law, does not command or forbid anything but merely directs or indicates. With a statement like this would not be surprising that modern natural law thinkers may have been said that even if God did not exist could also be natural law.

modern natural law, and does not understand the concept of nature as this comes from the hand of non-teleological natural science thus destroying the basis of traditional natural law, which will take - as in the case of Hobbes, for example - reject the social or political nature of man or consider for example that human reason is only an instrument of calculation (ratio instrumental) and is no longer able to discover any principles which have already ceased to exist.

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CONGRESS OF PHILOSOPHY OF LAW

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Tribute to Fernando Fuenzalida


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fitting tribute to one of the best minds in the country, and author of "Waste Land" one of the few texts written in Peru that addresses the problems of contemporary nihilism and emptiness of life in the Western world. We wait!

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"Athens or Jerusalem?


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By Eduardo Hernando Nieto


One of the most well-known thesis of Professor Leo Strauss is undoubtedly the recognition of the greatness of the West has achieved thanks to the tension between Athens and Jerusalem, namely, that our Western culture is not have been feasible without the support of reason and faith. This is because in both cases two different manifestations of wisdom, wisdom for the Bible begins with the fear of God while for this philosophy begins in wonder. If someone wants to search for wisdom - as is the case of Strauss - then you have to put on the table the two perspectives and hear what they have to house that one of them to choose, however, such an act would already taking sides in favor of philosophy.

is certainly possible to find multiple matches between the two, in fact, theology and classical philosophy oppose many of the most important features of modernity, anthropocentrism, the turn toward the moral rights rather than obligations ( as suggested by contemporary liberal approaches) or the dependence of man toward history (historicism) likewise, both call for moral recovery. In this sense, both Athens and Jerusalem are the great enemies of nihilism and materialism that threatens the world today.

Nevertheless, these are two ways to define what would be the most correct way of life, which is always the question those who bet on the life of wisdom. This is essentially the so called political theological problem: "The political theological problem, as Strauss articulates it in concrete, through a fundamental question, namely whether the man can come to the knowledge of good in order to guide individual or collective life with their own natural powers effort or whether this is dependent on divine revelation. "

It's true - as noted by Strauss - the Biblical tradition, is based in the presence of a mysterious God whose presence are felt but not visible, and only know about it when it does knowledge through his word (for example, with phrases like "I am who I am.") Strauss says about it:
"In almost all respects, the word of God as revealed to their prophets and Moses especially, become the source of knowledge of good and evil, the true tree of knowledge, is at the same time the tree of life "

However, if for example the Platonic God, it does not create the world with their words but through the contemplation of eternal ideas which are above it, in this sense, theology would obviously not room for the doctrine of ideas.

However, we must not overlook that in practice philosophy can not refute faith faith nor philosophy can refute, so you would have to come to a conclusion that calls into question the assertion earlier about the dominance of philosophy over theology, and this for the simple reason that if you can not refute the theology then the choice of philosophy would eventually be a matter of faith.

The Western world has apparently tried to integrate or synthesize faith and reason, but what has emerged as Strauss says it is not integration but an attempt at integration, however, will have to conclude that this harmonization effort is doomed to failure because each places a thing as unique and necessary, namely, the Bible, take obedient love life and philosophy of life will self-understanding.

But while we have seen both are necessary for the development of the Western world, the advent of modernity could be said to have begun at the time of being sought to overcome stress. It is interesting to note if the way in the so-called Medieval Rationalism (Maimonides, Averroes etc) was achieved relationship of equal respect to each of those traditions, through the distinction between esoteric and exoteric, and therefore at the esoteric philosophical understanding that life was the life of the pursuit of knowledge standing here in a plane superiority over the life of obedience. However, in the exoteric level, the medieval rationalists were subordinate to the law. This was then managed intelligently as the tension in this period. However, Strauss suggests the possibility that it was through Thomism, when in an attempt to harmonize and integrate them, there was the subordination of philosophy to revelation , Which opens the way to another subordinate even more problematic, is now dependent on the revelation of philosophy, this would begin with Machiavelli, and would be the starting point of modernity and development from Positivism to Historicism, and from the historicism to Nihilism.

no doubt that the greatness of our Western culture depends on the recovery of these two great traditions and the restoration of his power, a difficult task at present exhibiting rather a depletion of reason and faith.

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What is the Conservative Revolution?


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Given the gross distortion of the national revolutionary thinking and meta, developed out of malice and ignorance Faverón Patriau Gustavo and his "followers", I'll try to explain succinctly what this thought, but not to seek convince anyone of its advantages but to prevent uninformed many people fall into generalizations and trivialized Faverón made in a number of messages in your personal blog, all designed to further discredit.

would say in principle that it is a term coined by Professor Armin Mohler, [1] - Ernst writer's personal secretary Jünger for several years - to refer to an important manifestation of German thought the inter-war period and included a number of personalities from various scientific disciplines, from economics to literature and from sociology to theology. Authors such as Jünger, Sombart, Spengler, Niekisch, Moeller van der Bruck, even to the same mystical poet Stefan George, - nothing of the spiritual master Stauffenberg brothers [2] - was also included in this group.

Thus, under this category joined a group of personalities that often ended pursued by National Socialism (as Niekisch case was finally protected by the Jünger brothers) or shot as in the case of Claus von Stauffenberg. Then say that the Conservative Revolution was Fascist or Nazi is simply to assert that nothing is known about this topic.

But what these authors had in common classified by those who never have read them as fascists or Nazis to dry? First, they were undoubtedly a product of German romantic thought of the nineteenth century, speech highly critical of French rationalism and universalism thesis, against this, claiming the difference and collective identity (which tell Gonzalo Gamio to see here genesis of his beloved communitarianism Taylorist). Also, they felt very close to what we would call a purposeful life as the heroic life against a life emptied of content that content to produce comfort and entertainment (bourgeois life).

will surprise many to know for example that the harmless ones "Boy Scouts of Baden Powell had their origin in the movements of" Wandervogels "youth associations aspiring to a more natural and in harmony with nature that emerged within the Conservative Revolution.

In short, the movement appeared as a response to the "Civilization" bourgeois, proposing the replacement the "Kultur", a claim of natural life against artificial life. Direct contact with original sources of the self (spirituality) against atheistic materialism.


finally is a complex issue but that can not be made to Wikipedia or some evil-minded melodrama. Indeed, the academic work of which is to be straight and show them in their true dimension. We gain nothing by labeling free without having read such a line of a landmark effort to the "Konservative Revolution" as • The worker Ernst Jünger. (Continued)

[1] Die Konservative Revolution in Deutschland from 1918 to 1932. Ein Handbuch. With this work Mohler earned his Ph.D. at the University of Basel, advised by Professors Herman Schmalenbach and Karl Jaspers. He was also director of the Friedrich Siemmens and Konrad Adenauer Prize (1967), was also Professor of Political Science at the University of Innsbruck.
[2] Claus is precisely the one who placed the bomb meant to kill Hitler.

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Evola: A Defense


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By Eduardo Hernando Nieto


ignorance and arrogance never have limits, not surprising that all the barrage of lies and insults that came pouring Mr. Gustavo Faverón (http://puenteareo1.blogspot.com/) - which serves as a literary critic and teacher - now become by magic in the great specialist in the work of Julius Evola metapolitical teacher.

His elementary logic is built something like this: Julius Evola was a fascist and Nazi anti-Semitic, Professor Eduardo Hernando Nieto, is an admirer of Evola, therefore, Professor Eduardo Hernando Nieto is a fascist , anti-Semitic and Nazi. (And the obvious question is what does Eduardo Hernando Nieto appointed professor at the Pontifical University Catolica del Peru, "that is what makes teaching in the PUCP Nazi? )

The response could include:

Julius Evola, was neither Nazi nor anti-Semitic or fascist. Eduardo Hernando Nieto
if you are a fan of the work of Julius Evola. Mr. Faverón

quoted as several commentators have noted references unclear on an introduction to the text "The Protocols of the Elders of Zion", but does not refer to any of his major books - from meta - Evola as "Men and the Ruins "," Riding the Tiger "," Revolt Against the Modern World "or" Cinabro Road "(autobiography). Even

Faverón have no idea that there is a monumental work that explains in detail the thinking evoliano, developed by Dr. Christophe Boutin, Professor at the University of Caen in France, who just received his Ph.D. in Political Science with a thesis on thought of Julius Evola, who was later published under the title: "Politique et Tradition Julius Evola dans le Siècle (1998 - 1974)" and none other than the prestigious editorial Kime. (Kime, Paris IV, 1992). As Mr Faverón lives in the United States is likely to have access to this book essential to rule out all these such basic thesis and poisonous about this man who was identified by Marguerite Yourcenar (another great fascist likely to Faverón) as "Scholar and Genius" ("Des Recettes du mieux pour un art - vivre", Le Monde, 21 July 1972 ), which was not only one of the first representatives of Dadaism, but excelled in the spread of seemingly distant issues such as hiking, medieval legends, Tantra, Buddhism, the esoteric, etc.

Evola The claims raised against this man who has not read it - relatively speaking, of course - I do remember the basic criticism made against a teacher Leo Strauss Drury named Canadian accused him of masterminding the American neoconservatism. Although this case will have to say that at least this teacher read to Strauss (but not understood or manipulated her ideas) and it has now been exposed by many eminent scholars as husbands Zuckert, Steven Smith, and Thomas Pangle. (Teachers in Universities as well known as Notre Dame, Yale and Texas)

obviously Faverón has no relevance in the academic world so you never need to write some work to dismantle its sham, however, it must be affirmed, at least by this means the gross distortions that made this man, against a man who only attempted to show how modern societies undergo a solidification process and lack of meaning and purpose just to have lost contact with a spiritual center, that's would eventually meta essence, therefore, the issue of race or religion can go into the background. To paraphrase an author who could also appear as metapolitical DH Lawrence: In the peaks all the flowers are confused. Therefore, for us men of tradition, not interested in being Muslim, Catholic or Jewish, meanwhile, are pious men who aspire to a return.

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International Philosophy Event Arequipa Law (Universidad San Pablo) from 17 to 19 June 2009, with such renowned teachers as Professors Vigo, Massini Correas, Daniel Herrera, etc. It worked as Villey authors, Alexy, Raz, etc. I myself will work on Leo Strauss.
All are invited!


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PHILOSOPHY OF LAW About Fujimori Case: Rationality and Ideology in the Award? Nomos and anomic

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By Eduardo Hernando Nieto


Many lawyers, journalists and human rights activists have commented on the correctness of the ruling that sentenced former - President Alberto Fujimori to 25 years of deprivation of liberty for being guilty on four counts including command responsibility in the crimes of the Cantuta and Barrios Altos. Surely the vast majority who said this have not fully read the ruling and have been carried away by the prestige of the Board, that is, if the judge has ordered San Martín (who is renowned for its reliability in criminal procedural law criminal law) then it is a fair decision, or maybe at the end the Ex - President has condemned not so much by facts of the case but for being a "dictator" in a state of emergency or simply for leading a corrupt government.

But what is ultimately the right and the administration of justice? "We always hope decisions have acceptable or is that rationality is not a necessity right?. Obviously, those who are insisting on the correctness of the decision of the Board, appeal to the thesis of the rationality of law, fairness and the right motivation, then add the example of the process in terms of due process and adherence to the effective remedy, obviously everything seems framed within the highest standards, perhaps more typical of a national British judiciary.

However, my interest in this text is trying to show some problems that prevent us consider the sentence as fair, accurate or good, certainly according to the standards set by the Theory of Legal Argument - hereafter TAJ - which incidentally, has been contributing for several years to improve the work of the justification of decisions courts affirming that the eminently rational legal discourse.

In turn, I would stress that this decision has been totally ignoring what is clearly a special regime such as that led former President Fujimori from so-called "coup" of April 5, 1992 This aspect of being considered likely would have had lead into a quite different result, even in the worst cases to a reduction of the penalty.

Finally, the weakness in the justification of the sentence (basically corresponding to the so-called factual premise) and exclusion in the analysis of what it means and represents "a state of emergency" lead me to believe we are far from a rational product, indeed, as I called it in a virtual forum linked to constitutional law, this would be an ideological decision. This is not to say that judges can not have personal convictions, even that may be post - Marxist or liberal or whatever you want, but if we in the field of decision, it is undeniable that these convictions should be placed in parentheses at the time allotted, otherwise it would result in an ideological decision, and the best way to identify the presence or absence of ideology is the way it has justified (motivated) the sentence.

Let's start first of Argumentation Theory tells us that one thing is the expression of motivations for determining a failure (context of discovery) and another thing is that these reasons are justified or not (context of justification) incidentally, this applies not only in terms of the standard (normative premise) but also in terms of facts (factual premise) as noted by Professor Marina Gascón clearly distinguishing the concepts of motivation - motivation activity and document:

"The motivation - activity is the mental process which led the judge to make as true a statement about the facts of the case. The motivation - activity versa because of the context of discovery. Motivation - paper is the set of statements of judicial discourse (or the document that embodies) that will provide the reasons that others accept as true factual statements. Motivation - document deals, therefore, about the context of justification "

In this sense, and agree to read the sentence, we can consider that there are explanations for other reasons, here are some examples:


Cap. Case XIII entitled: Other crimes Hill, indicated in recital: 577 and 586.

"577 No .... D) The sentence against ANDREW PAUL CAMA-folio Atúncar
fifty nine thousand and fifty-four. Regarded as proven facts
attacks, perpetrated by members of the Colina Group,
against nine residents of the Santa, Pedro Herminio
Yauri Bustamante, Ventocilla family, Fortunato Gómez Palomino, six local residents
Pativilca, and two people in Ate Vitarte
-not-precisely what happened. "

also the following recital:

"586 °. This plurality of criminal conduct, coverage of military equipment and intelligence
it must have been provided to
the perpetration of the crime and subsequent cover-up activity and persecution
who denounced the incident also convinced that the crimes
question did not represent isolated events or may have been committed outside
, at least, the criminal will most
high military and intelligence agencies. As such, kill non
was a deviant act of junior officers or senior Army was definitely a strategic logic
institutional, in short, a policy of repression
specific deal,
certain areas, terrorist subversion, regardless constitutional legality and democratic
. Of course, not all of the military and police are dedicated to that mission
criminal, but a section of the same, well defined, focused
in some areas and functions of SINA, he focused on the role
highly selective and focused areas and individuals
defined. It was massive and thoughtless but selective and circumscribed in
specific function to individuals and for situations or contexts
precise triggers. " Recital 577

ª talks on a range of facts associated with the activities of the Colina group through various clauses but end up being considered at the end as imprecise, ie refer to a series of cases that are not specified but however, used to believe that the Colina Group or had a series of criminal activities in addition to the known Barrios Altos and La Cantuta implying that it was fully assembled and an organization created by the highest levels of power to to systematically eliminate terrorists. Thus, considering the 586 th shows precisely this assertion would then shift responsibility to the Head of State and Commander in Chief of the Armed Forces command and to command.

Thus the hypothesis that there was a machine made to kill terrorists or suspected terrorists and that this was part of a strategy to combat Sendero not seem to be tested with the statements made on the actions of the same ending Colina always with the phrase "is not precisely what happened." That is, when it is determined that Hill was an active group and had a leading role in terrorist strategy, the facts not lead to such a conclusion. That is, from premises that are not true we can not arrive at true conclusions.

Evidence indicated to strengthen the linkage of Fujimori in the dirty war, are extracted in turn from dubious sources or at least with some interest in the political arena such as the U.S. Embassy in Peru:

"Cap . XV "The involvement of Alberto Fujimori"
644. "In conclusion it is outstanding reports
sent the United States Embassy in Peru to the Secretary of State in Washington
, especially declassified 1990LIMA12513
number of August 23 of 1990.
This report highlights and supports the decision announced by Capt. Martin Rivas
, it indicates that as early as August 1990, a former military intelligence officer
argued that Alberto Fujimori Fujimori
support a counterinsurgency plan in two phases, the first public would have great
emphasis on human rights, the defendant admits to having given two
directives in this regard: the Directive CCFFAA / IG 009, the eleventh of September, one thousand nine hundred ninety-one
and Directive 003-91
approved by Legislative Decree number 751 of 12 November the same year- and the second phase would
confidential and would include special operations units trained Army
extrajudicial killings. The source also reported that the
plan was being supported by presidential adviser Vladimiro Montesinos
Torres, who nevertheless was losing support in his
complaints against them; last end, as discussed above, did not materialize.
is acceptable, therefore, in light of the evidence analyzed
in the SIN, at the urging and encouragement of Vladimiro Montesinos Torres, was conceived
or illegal clandestine struggle through the development of OEI, authorized
as the case files, by Alberto Fujimori Fujimori. His position as head of state
, his effective leadership of the National Environmental Defense Council and National
, and supreme command of the Armed Forces and PNP, so determined, the pair
their direct links and in lieu of rigorous account
intelligence issues by Montesinos Torres "


Indeed, the substantive argument in the sentence is the figure of command responsibility for control of the will in organized power devices invented by the German professor to Roxin to punish some of the defunct political authorities German Democratic Republic. Same was used in Argentina to condemn the military at the time repression against communist guerrillas and finally it was used in the case of the sentence of Abimael Guzman. But that relationship or specific essential similarity could be found between the Argentine military regime and the government of Fujimori? Or between the actions of Abimael Guzman and the Fujimori government? . Obviously, the use of a figure like this do not seem to apply to facts rather isolated as the Cantuta and Barrios Altos and that a comparison between Sendero and the Fujimori regime is not rational. (The same policy would say between Argentina and the political subversion of Fujimorismo)

Nevertheless, it is "subsumed" subversive politics Fujimori made the assumption of "command responsibility" (this would be a problem in a wrong score in any event could develop into another text). However, we must recognize that the sentence is to justify the conduct of ex - President Fujimori as evidenced by the following paragraph:


"• Another budget target for command responsibility for
domain of will power devices is organized the
"disengagement" or "separation" of law. Identifying the latter
as a legal or represented by a set of general rules
coordinated and positive
governing social life. The State, as a community, define a normative order. This
normative order can only be a legal order, that relates
commonly as the "law of the State" or "national law". Without
But this national law is closely linked and integrated
international law constitute a unit. For
therefore, international law is part of the national legal order
as standards produced in the international context
join the national state law.
Consequently, the withdrawal or termination
law means that the organization is structured, operates and remains outside the legal system
nationally and internationally. "

However, this is when it becomes necessary to develop the idea of \u200b\u200bwhat the term really means a state of emergency and legal issues in any case need not be defined in liberal terms only. For example, a liberal constitutionalist not like Carl Schmitt, might consider that the legal order in fact they are only the rules but also the exceptions and clearly the Fujimori regime after the coup of April 5, 1992 was an exceptional regime fighting a political enemy as were the terrorists and acting in defense of the state, but understood it not as a rule or order of liberal principles (rights) but as a community, that is, as the Peruvian people. In this context, and so legitimate plebiscite Fujimori fought subversion.

This sentence is not considered relevant as we note the state of exception that is simply described as "dictatorship," and therefore "unconstitutional" and "illegal" and acting outside the law that would create a clear threat to the survival of the state of law (or constitutional law) that is basically what matters within the liberal theory of law. In the end it would seem that once again an old dilemma, "saves the law or saved the people? Some Preliminary Conclusions



In these few pages I can not exhaust the subject, I have just a few touches of what I think has been a failure guided rather by passion than reason, regardless of the length of appointments and theoretical developments and narrative found in the sentence, but as I said earlier is a development that operates in a context of discovery that justification.

The intention of including Fujimori's counterinsurgency policy in cases where if they were targeted for extermination machinery is really an exaggeration that is patented in the decision despite the detailed narrative resulting in these aspects. Finally

exclusion of the "state of exception" in the analysis seems to be a fact that further shows the taking of sides by the liberal outlook of the judges, the fact that in any case would not necessarily have influenced the final decision but that's how it happened.

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