Rethinking the Postwar Period in Relation to Lives Not Worth Living

This research will focus on the postwar period in relation to lives not worth living. This chapter is divided into five sections. The first section is a short introduction to the overall topic. The second part discusses the legal and philosophical language, post-Second World War, in relation to the psychically and mentally ill. This raises the question of whether or not philosophy can be made after 1945 without looking at Auschwitz. Adorno’s categorical imperative: Auschwitz can never ever be repeated, gains prominence in the way of making and proceeding in philosophy and in law this does not include just the Holocaust but also one of the most forgotten groups: the severely mentally and/or physically disabled. The policy of oblivion was practised much quicker than with other human categories. The paradigm of human rights changes substantially immediately after the Second World War The establishment of individual responsibilities for the committed atrocities will be carried out by means of the Nuremberg’s Trials. The third section focuses on the Nuremberg War Crimes Trial, USA vs. Karl Brandt et al. The fourth section analyzes the concepts of post-Auschwitz memory and memory of oblivion. Recovering post-Auschwitz memory implies recreating to the thought process after 1945. Finally, the fifth section draws some conclusions and indicates some further areas for research

Presupuestos hermenéuticos de la teoría comunicacional del derecho de Gregorio Robles | Hermeneutical Assumptions of Gregorio Robles?s Communicational Theory of Law

The present paper focuses on the hermeneutical assumptions of Gregorio Robles?s communicational theory of law, as doctrine that shows a way of overcoming the dichotomy between analytical philosophy and hermeneutics in order to clarify the language of jurists. For that purpose, it analyzes four of the author?s works from a descriptive and critical point of view that present a greater hermeneutical influence such as Introduction to Legal Theory, Law as Text, Legal Theory and Communication, Language and Law, to tackle the context of the author, his influences, the plausibility of the theory itself within the analytical and hermeneutical framework, and the descriptive and critical analysis of the use of certain concepts of the hermeneutical debate in the communicational theory of law

Tolerancia y relativismo en las sociedades complejas

The first part of this paper addresses the general content of tolerance. In this context it is interesting to distinguish authentic tolerance from skepticism and indifference. I investigate the relation between tolerance and relativism in the field of the rule of law. In the second part, I review the role of three concepts related to the question of tolerance: truth, freedom and equality. With this, I attempt to break with certain predetermined profiles, while at the same time redefining those that might offer constructive orientations to better understand the concept of tolerance. Finally, the third part indicates some conclusions.Derecho Público I

Sergio Cotta y la filosofía del derecho española.

This paper discusses the repercussions of the legal thought of Sergio Cotta on Spanish legal philosophy. After a general overview of the legal philosophy of Cotta, we will focus on the study of his writings, localizing their presence in the most representative works of different Spanish authors. It is obvious that the present analysis will be limited, and that some Spanish thinkers will not be mentioned

"Moralidad"como límite de la libertad de expresión

The first part ofthis paper is a briefintroduction to the topic. Next, the second part reviews the limits of the freedom of speech in the case" A Ver" of Constitutional Court of Spain; analysis of the consideration that is an excuse for the development of the underlying subject: the relationship between law and morality. The third part explains the argumentative structure of an inclusive naturallaw theory and an inclusive legal positivismo The purpose is to describe the different fundamental s and point out the similar conclusions. Finally, it describes the consequences of this constitutional and philosophical analysis for the future of the law and morality.Derecho Público I

Foliations, solvability and global injectivity

Let F: R^n -> R^n be a C^\infty map such that DF(x) is invertible for all x in R^n. We know that F is a local diffeomorphism but, in general, it is not globally injective. We discuss the relations between some additional hypothesis that guarantee the global injectivity of F. Further, based on one of these hypotheses, we establish a necessary condition for the existence of F: R^n -> R^n such that det DF = h, where h: R^n -> [0,\infty) is a given C^\infty function