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  • 标题:Aborto: delito arcaico, punibilidad regresiva y explotación social
  • 本地全文:下载
  • 作者:José Luis Guzmán Dalbora
  • 期刊名称:Revista de Estudios de la Justicia
  • 印刷版ISSN:0718-4735
  • 出版年度:2012
  • 期号:17
  • 页码:pp. 17-51
  • DOI:10.5354/0718-4735.2012.29519
  • 语种:Spanish
  • 出版社:Universidad de Chile. Facultad de Derecho
  • 摘要:This article includes abortion in a cultural-historical classification of crimes that places it within those of archaic character, i.e. that are wastes of other customs and past times, and that have nothing to do with current valuations. Its penalty, therefore, has to be regressive, with consequent reversion to outmoded ways of living together. After reviewing the retrograde elements of the indication system in modern times, even the anachronisms of the term system in the impunity formulas, accepted to whom agrees with the termination of pregnancy in the first months of the gestation, the author explains that the only way of permanently removing ballast religious, parental-marital subjugation of the mother and the economic exploitation of the working classes, decisive in shaping historical crime, consists on giving preference to women´s freedom in the regulation of their personal life and family, reserving punishment to abortions commited against their will or by persons or under conditions that endanger their existence.
  • 其他摘要:This article includes abortion in a cultural-historical classification of crimes that places it within those of archaic character, i.e. that are wastes of other customs and past times, and that have nothing to do with current valuations. Its penalty, therefore, has to be regressive, with consequent reversion to outmoded ways of living together. After reviewing the retrograde elements of the indication system in modern times, even the anachronisms of the term system in the impunity formulas, accepted to whom agrees with the termination of pregnancy in the first months of the gestation, the author explains that the only way of permanently removing ballast religious, parental-marital subjugation of the mother and the economic exploitation of the working classes, decisive in shaping historical crime, consists on giving preference to women´s freedom in the regulation of their personal life and family, reserving punishment to abortions commited against their will or by persons or under conditions that endanger their existence.
  • 关键词:Culture;crime;regressive penalty;lawful termination of pregnancy;latent and unspeakable motives of repression;Cultura;delito;punibilidad regresiva;interrupción indicada o lícita del embarazo;motivos inconfesables y latentes de su represión
  • 其他关键词:Culture; crime; regressive penalty; lawful termination of pregnancy; latent and unspeakable motives of repression
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