Abstract

GONZALEZ MONGUI, Pablo Elias  and  CARVAJAL MARTINEZ, Jorge Enrique. The Enemy as a Social Construct in the Criminal Imaginary. Novum Jus [online]. 2023, vol.17, n.3, pp.190-213.  Epub Mar 15, 2024. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2023.17.3.7.

The aim of this article is to analyze the construction and configuration of the concept of enemy in different periods of societies, from absolutism up to date, in order to analyze the present in criminal matters. Although the term enemy does not seem to refer to the actor of the internal conflict or to serious crimes in the different contemporary criminal laws, in the imaginary of the rulers certain transgressors of the criminal law are identified as enemies in order to define their conducts and apply to them penalties with greater rigor. There is a continuity in the representation of the enemy, with different denominations according to the time, until it is called as such in the criminal law of the enemy to propose a differentiated and more drastic criminal policy with the reduction of some procedural guarantees.

Keywords : social construction; delinquent; criminal; enemy; criminal law.

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