Is “anti-juridicity” a legal category? Do the so called “custodial sentences” exist?

Abstract

The terms “anti-juridicity” and “custodial sentences” are widely used in the legal world. In this article, the author encourages to question both terms, analyzing if they are coherent with, precisely, what is understood as Law. First, the author wonders if it is correct to talk about “antijuridicity”, taking into account the subject of Law, the ways in which Law is manifested, and the relation between juridicity and Law. Further on, the author analyses if it is correct to talk about a “custodial sentence”, considering the relation between liberty and the human being. All through the article, the author also recounts how the ideas in Law have evolved through recent history.

Keywords

• Derecho Penal
• juridicidad
• pena privativa de la libertad
• antijuridicidad
• objeto del derecho
• Teoría Tridimensional del Derecho