Forgiveness, innocence and punishment. Nietzsche and the Criminal Law

Abstract

Nietzsche did an acute criticism of the judicial system of his time. His impeachment about the criminal proceedings and their justification was ruthless. However, if we want to understand his approach, it will be necessary to review two key concepts of his philosophical thinking: the way he elaborated the ideas of the “forgiveness” and the defense of “the innocence of being”. The genealogical tracing of penalty, which should be understood as inseparable of the moral construction of a society, explains eventually the rising of the modern ways of punishment.

Keywords

• nietzsche
• derecho
• castigo
• culpa
• pecado
• genealogía
• moralidad
• perdón
• inocencia
• foucault