文章基本信息

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