Constitucion de 1869

THE DEATH SENTENCE.

The death sentence is the sanction more serious and more ancient of the history.
The death of a reprobate consists of provoking pos part of the State as punishment for acrime established in the legislation.
The crimes which are applied to this sanction are called "crimes" or " cardinal crimes. "
This one has produced and continues it doing at present debates ordiscussions.
Many disciplines meet implied under the name of the Social Sciences that go from the sociology up to the criminology, happening for the politics, the philosophy and the right between others,also it is included to the religion since it gives a vision of the world and of the persons.
This work remains divided in 3 blocks: the first one treats on the historical evolution of the deathsentence and his paper in Spain, the second one on his current situation in the world: the countries that are in favour of her and countries that not, thirdly the arguments to favor and in opposition to herand finally the conclusion and a personal opinion.

2ª THE DEATH SENTENCE FROM THE ETHICAL AND PENAL POINT OF VIEW.

From the moral point of view, many they consider to the death sentence linkedto the legitimate defense, exercised not individually but in a collective way. Others legitimize it from the interpretation of the eye for an eye rule: the justice only is restored in the social frameapplying the proportional sanction to the committed crime.

The argumentation of the legitimate defense is supported in that the right to the life like the first foundation is inalienable, and forit the man has right to exercise in his defense the acts necessary to preserve it opposite to the aggressor, included the death of the same one. This argumentation would find his legitimization in thesame justice, with all that she deals on the application of the means for the exercise of a right. Moved to the social space, the application of the death sentence would justify itself as the...