Sunday, May 31, 2009

Yellow Eyes How To Cure Jaundice

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.

Thursday, May 7, 2009

Honey Bee Farming In Bangaluru



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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Wednesday, May 6, 2009

Sayings For Volunteer Recognition

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.