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    Institutional Violence. Towards a New Approach: Legal Studies, #1
    Institutional Violence. Towards a New Approach: Legal Studies, #1
    Institutional Violence. Towards a New Approach: Legal Studies, #1
    Ebook37 pages22 minutes

    Institutional Violence. Towards a New Approach: Legal Studies, #1

    By Pedro Barrientos

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    Institutional violence is not an abstract phenomenon; on the contrary, it implies a way of materializing the threat or concreteness in the violation of human rights that manifests itself on various occasions and in various ways.

    The power relations of the State and its institutions are broad and therefore must be based on the same analysis of each of the institutions and not on viceversa so as not to bias or bias the existence or not of a possible typification of institutional violence.

    With this perspective I delve into what and how many the functions of the state are in order to determine that institutional violence occurs in the sphere of action of every State, in fact, in the fulfillment of each of the functions developed by it and not necessarily as exclusively in police, penitentiary or dictatorship abuses.

    In the realm of the judiciary, it is ultimately the members of the administration of justice who can consent to or intentionally provoke institutional violence, disguising these unlawful acts of legality or legitimacy in the form of judicial decisions or other procedural acts.

    LanguageEnglish
    PublisherDoctrinaLex
    Release dateJul 20, 2020
    ISBN9781393480846
    Institutional Violence. Towards a New Approach: Legal Studies, #1
    Author

    Pedro Barrientos

    Lawyer and Attorney - National University of Córdoba - Faculty of Law and Social Sciences - Argentina. Diploma in Internal and International Arbitration from the University - Business Foundation of the University of Valencia - Spain. Trained as a Distance Education Law teacher by the Inter-American Bar Association & Argentine Federation of the Bar Association. Master in Marketing & Finance from the National University of La Plata and Univalle. Diploma in «International Business Management» - Universidad Privada del Valle (Faculty of Postgraduate Univalle - FAPUV) and Departmental Chamber of Industry. He practiced as a Trial Lawyer in the City of Córdoba - Argentina from 2000 to 2008, having worked as an independent professional and later as an associate in Legal Studies. In his professional experience he ventured into the branches of Civil, Commercial, Family, Criminal, Administrative, Tax and Administrative Litigation law, both in the Provincial Jurisdiction and at the national level in the Federal Jurisdiction. He is a Postgraduate Professor at CEMLA (Latin American Business Center); Autonomous University of Beni «José Ballivián»; Autonomous University «Juan Misael Saracho», European Business School, Iberoamerican Center for Legal Training and Graduate School of the San Pablo Catholic University. He is a Scholar of the specialty "Organizational Mediation" through FUNIBER.

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      Book preview

      Institutional Violence. Towards a New Approach - Pedro Barrientos

      Abstract

      Institutional violence is not an abstract phenomenon; on the contrary, it implies a way of materializing the threat or concreteness in the violation of human rights that manifests itself on various occasions and in various ways.

      The power relations of the State and its institutions are broad and therefore must be based on the same analysis of each of the institutions and not on vice-versa so as not to bias or bias the existence or not of a possible typification of institutional violence.

      With this perspective, I delve into what and how many the functions of the state are in order to determine that institutional violence occurs in the sphere of action of every State, in fact, in the fulfillment of each of the functions developed by it and not necessarily as exclusively in the police, penitentiary or dictatorship abuses.

      In the realm of the judiciary, it is ultimately the members of the administration of justice who can consent to or intentionally provoke institutional violence, disguising these unlawful acts of legality or legitimacy in the form of judicial decisions or other procedural acts.

      Keywords:State, State Functions, Powers of the State, Institutional Violence, Objective and Subjective Typification, Victim Reparation

      "Between a power relation

      and a struggle strategy, 

      there is a reciprocal attraction,

      a  perpetual union,

      and a perpetual reverse"

      Foucault (1988)

      Introduction

      DURING MANY YEARS OF professional practice as well as personal experiences through, I was able to observe, live and combat institutional violence some- times successfully and others not so. Indeed, realizing the silent existence of it and that it implies the daily generation of a victim after victim motivates the variable institutional violence to be an object of deeper study.

      To be the victim or an observer of it

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