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of the historic debate between Hans Kelsen and Carl Schmitt. Analysis

Callalli Pimentel.
Lima, Peru. Adelantecronopio@hotmail.com

http://cronopiocortazar.blogspot.com

To address this controversy we to locate the historical context in which it unfolded. In the early twentieth century triggered a series of momentous events which impacted the economic, political, social and cultural rights of the majority of European countries in the world. After the first imperialist war a watershed case that began in 1919. While in Germany was installed in the Weimar Republic, in the city of Saint-Germain made concrete division of the former Austro-Hungarian empire. The immediate effect of this process was the restructuring of the regulatory system of the new states. Thus, in Austria was promulgated in 1920 a Constitution was advanced for its time. The Austrian constitution was liberal ideological stamp of the jurist Hans Kelsen. Austrian Charting the future was encouraged to devote the exercise of their laws to the supremacy of the brand new constitutional right. Quite the contrary, the Weimar Republic was born mortally wounded. The diktat of Versailles became his executioner direct. A hectic social climate by streamlining the chauvinistic speeches crescendo of an intelligentsia linked to the views of revenge brutal military and strengthening the state apparatus. In these meadows ideological thought was the German political scientist and jurist Carl Schmitt, the opposite of the ideology of his fellow Austrian. Now the controversy is specifically developed between 1928 and 1931. It all begins in 1928 when Han Kelsen published his book The legal guarantee of the constitution, through which builds the foundation for future constitutional right position thanks to the category of constitutional control. What we know today in our country as the Constitutional Court has Kelsen's thesis and the enactment of the historic Austrian Constitution of 1920 as two of its main legal demiurge. Kelsen's work permit prosecution policy. This implies that the scaffolding of politics is limited to the areas of relationships and balances of power and the dynamics of the political and social organizations. This makes possible not only the independence and autonomy of powers, but also the legitimacy of the rule of law. As the constitution the most important rule of a state needs an autonomous power to ensure the validity of its provisions, they are the product of social consensus among citizens. It is the community who, through his constitutional power generates not only the constitution, but the powers that be as the Constitutional Court can protect the legality of laws and regulations issued by different authorities and institutions. Quite the contrary, the theses of Carl Schmitt are confined to political speech. From an ideological perspective Schmitt essentially builds the foundation of the national state around the legal and political will of the Führer. The modern establishment should abide by the decisions of the supreme leader and national leader. The arrests of Nazism materialized Schmitt particular proposal to take them to a tipping point where human dignity was reduced to nothing. In sum, while Carl Schmitt submits the legal discourse of politics, Hans Kelsen addresses the constitutional issue from a purely legal standpoint, publicicístico, stating that the jurisdictio in the areas of constitutional protection corresponds to an autonomous power that marks the political distance. No doubt, the dire consequences of the second imperialist war precipitated the collapse of the thesis of Schmitt, and strengthening the legal and constitutional agenda of Hans Kelsen.

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political, economic and social development of Roman civilization spread west from republican to imperial decline.

By: Aldo Callalli Pimentel. Adelantecronopio@hotmail.com


I. Introduction.
Over the next few digressions will analyze the historical process happened in Rome as a result of clashes and misunderstandings between the structural bases of the slavery system and the dynamics of political actors and social movements that led to his rise and fall, from the expansion of the republican system to the crisis that triggered the collapse of the empire.
II. Consolidation and positioning of the Republican senatorial aristocracy.
War is the continuation of politics by other means was sentenced Claus Von Claussewitz. During the hardest stage of the expansion were raised Roman armed conflicts for hegemony in the peninsula that demonstrated the need to boost the military, to the point of making it the key focus for the Republican position. After the breakdown of the monarchical system senatorial class consists mainly of powerful aristocrats to strengthen their political and economic power, the same that had the support property land. On the other hand, with the growth of trade and following the acquisition of greater wealth, by the commoners began to open up a new conflict of interest, the peak had the same flight to the historic Mount Aventine. However, social struggles not restructure the political scaffolding managed by the patricians, made it rather harder to any seizure. Thus, the plebeians eventually assimilated mate and elitist political system by the aristocracy. After the Republican establishment plebeian agitation strengthened its legal and political structures and revitalize the network of its bureaucracy in order to expand their interests. The order in politics allowed the ruling class to start with more ferocity military company in search of more resources to ensure the production and survival of their land. This process would cause the growth of huge estates as a result of foreign wars, which not only enriched the senatorial class, but also enabled access to slave labor necessary to carry on farming, mainly. However, the republican system would collapse as a result of the brutal expansion of slavery, the same as that required large contingents of the working masses in order to raise production levels to the recurrent crisis in agriculture. This crisis would also impact the proletarianization of small farmers. Likewise, slave uprising broke out, as the case raised in Sicily and the rebellion led by the Thracian Spartacus. Meanwhile, in cities showed a greater polarization between the senatorial class and the impoverished, the corollary would be the rise of social struggles. In this scenario, political parties launched a relentless war for hegemony and control of the state. Civil wars are an example.
III. Collapse of empire and political realignment of the senatorial aristocracy.
With the coming to power of Augustus opens a new political system in West Rome, closer to the worldview of the dominant classes of the East. The principality is the materialization of a political discourse more in line with the historical circumstances of the moment. The pax romana developed by Augusto aims to ensure the security and survival of the levers of power necessary to make possible the continuity of the system. The principality Octavian gave quick solution to a myriad of problems rooted in the discontent of broad social and political sectors. The granting of wheat to the impoverished classes of cities allowed to contain the revolutionary mood of the masses. Likewise, the increase in profits retirement and salaries to soldiers was a move that earned him the trust of the military sector. Finally, the transfer of public and political office for the Italian elite assured him the loyalty and support of an important sector of the emerging mainland.
Now, the old patricians were mutated long ago into rich landowners and merchants potentates following a number of political situations. The survival of the social sector was guaranteed even after the onslaught of the barbarians. The infighting at the highest levels of power evinced a brutal and bitter struggle for political power between city dwellers and provincial nobles. This struggle for power management Rome further intensified with the fall of the dynasty was born from Caesar Augustus, and which came to carve military sectors. The military wrested political authority from the use of their weapons. His successes in the battlefield they won the confidence and legitimacy of the masses. Thus, the path to power was secured. But military commanders, many of them lacked a coherent and effective in order to give solution to the problems of empire. So, it started a fierce struggle for power between different factions and military leaders. The management of public affairs was too complex for simple and concocted a voluntary military.
Years after a period of crisis will shake the foundations of Rome. The third century AD marked the turning point of the Roman imperial system. The economic situation is grim. It unleashed a period in crisis entering the productive structures of the agricultural system. Then there is a considerable decrease in the population not only in cities but also in the field. Moreover, slavery is mortally wounded as a result of border closures and the stagnation of military campaigns, which resulted in the lack of manpower and as a correlate of this was raised prices for the purchase of slaves, needed for agricultural work in the giant estates of the senatorial class. In addition, there was incessant violent invasion of the Germans from the banks of the Danube and the Rhine in a clear sign of further tightening of Diocletian system starts a whole series of measures to give continuity to the imperial establishment. The same applies to Constantine. It is clear that the reins of power will go back into the hands of the senatorial aristocracy as a result of bad political management of the emperors and the effect of the repression of the popular sectors. The results showed the tear balance system from above, which reminds us of the struggles for power management among the ruling classes, and from below as a product of the ongoing social movements.

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Rousseau's Emile in ten disquiciones.

callalli PIMENTEL, ALDO.
1. Rousseau makes us partakers of the complexity of the analysis and study of a subject as profound as that of pedagogy. Can overflow in knowledge and expertise that span the study of a certain reality. However, the detailed certifying only positive effects achieved through synergy between the theoretical-doctrinal background and practice of social actors. The educational theme is always a wide area to urge a thorough study.
2. The spirit of enlightenment allows Rousseau elucubrar ideas referring to the ontological analysis child and man. Most philosophical systems have given a specific weight to the leading role of men in society and history. Thus, the actions of the children was viewed with sympathy, but not by criteria of scientific. Even characterology of children were subject to the social patterns of adults.
3. Rousseau allows us to understand that at the time of breaking a paradigm is necessary to defend our ideas with integrity. Especially in the sciences is important to settle the conflicting ideas that harm our discourse. Therefore, it is better to be guided entirely by the existing practice to take half the guidelines for good measure.
4. From the perspective Rousseau all projects developed by men should contain the following elements: the absolute goodness and feasibility of implementation. Kindness gives ontological ethical discourse of any prospective vagary. That is, the theoretical elaborations have a source array implementation of a property on behalf not only of man but of society. Thus it is that projects must be viable to the extent effectuate its benefits to the community.
5. Rousseau transcends history by highlighting the moral degradation and the ideological crisis of an entire era. In the natural state of things the human being is a person of integrity and ability to to face life in a more correct. Man is born good, has the potential to enable their behavior by the channels of ethics. However, it corrupts society. The discursive construction of a good man comes to breaking as a result of irreversible shock with standard patterns and molds of society.
6. From our birth we are helpless beings. In the words of Jean Paul Sartre beings are thrown into life. The need to affirm in life from the construction of our personality is achieved from the acquisition of knowledge and feelings through the power of education.
7. The mother is a key element in the discourse of Rousseau. One of the main protectors of children during their education. The mother represents the moral and spiritual purity in the context of children's natural state. In the way of educational exercise the mother will be the guide for the realization of good and happy man.
8. From the perspective of Rousseau's education involves knowing the nature and dynamics of our capabilities and internal organs, which allow us to interact more effectively with our reality. Now, the education of men is that we acquire in the institutionalized apparatus of social knowledge, ie not only in colleges and universities but also in the areas of social agents such as family, community and through the media. On the other hand, the education of things embodied in our ability to adapt to the surrounding environment, taking into account how we perceive the features and functionality of them. The three types of education are interrelated, since the dynamics of the education of things takes as a starting point positioning perceptual capabilities, based on nature education, in order to effectuate our knowledge of reality, in order Thus access to knowledge and feelings generated by the social partners, leading promoters of education of men.
9. Education gives us a wealth of tools to enable the construction of our personality over time. Rousseau tells us that we are born with certain innate characteristics, many of them are lost by contact with the patterns of society, but education allows some elements linked to the exercise of ethics are as shown in the level of moral development of mankind. Behold the importance of education exercise in the social reality of today. Therefore, education is the ethical goal of human beings.
10. Thomas Hobbes when he said that the state of nature the man was a wolf to man. This years later Rousseau replied saying that nature was the stage in which the man exerted his conduct freely, without constraints of any kind, much less constrained by stereotypes and mores of corrupt societies. Aldo