Rather than failed, it is the duty of the State to transform itself, like a living entity, to amputate dead or cancerous cells, and to encourage the development of new ones; It is within this framework of global agony and loss of universal human values, that THE RETRIBUTIVE SCHOOL is born, as a current of modern thought that rescues basic human values and guarantees for the positive integral development of man in society; This new model is characterized by being dynamic, synthetic, heuristic and constructivist.
This new model applies to all the sciences, arts and activities of the human race in society; it moves away from formal positivism, and leaves the study of problems in the background, focuses on a constant application of intelligent solutions; Well, by the time a solution is determined by studying the problem, it has changed due to various factors, making the solution obsolete. Therefore, this current of thought must be characterized by the automatic action to the inertia of each problem, which by itself must generate an immediate solution.
The State ignored is the necessary evolution of the current democratic model, and one of its main tools of control, containment and repression, which is Criminal Law, which, within the new proposed state, has to be transformed into a Retributive Law. Well, the needs and circumstances that in other centuries fertilized its flowering, have changed, and it is now that creeper of laws and penalties are those that drown society in a restriction of freedoms, ineffectiveness of safeguarding the agreed legal rights and a generalized failure in preventive, seclusion and social rehabilitation measures.
That is why the urgency for our Mexican State, like many others in the current globalized world, to renew the social pact with its Citizens, agreeing to follow a Republican, Democratic and Retributive model; Declaring himself, of his own free will, as an Omissive State, before the evils that afflict him force him to fail.
In the same way, the current Criminal Law, which in reality is nothing more than a repressive instrument of an archaic system and which refuses to give in to natural continuity, like all changes, resists it. Understanding then that the Omissive State is a necessary link, a restart, rather than a generalized failure of the system.
Regarding Remuneration Law, it will reject Criminal Law outright, granting it only value as a historical source of study and recognizing it only as part of its evolution. It must be a right that will depart from the punitive and almost obsessive idea of crime, since this has demonstrated its inability to contain the criminal figures that it has created, as well as to catch, judge and readapt the active subjects of these; In Retributive Law, crimes and criminals will take a back seat, as well as the idea that justice is punishment. On the contrary, it will give total priority to the victim and the reparation of the damage, in which the State must be jointly bound; then the readaptation and reintegration of the perpetrator; there will be no crime or punishment. Only an act that harms a Citizen's interests or person,and an immediate declaration of acceptance of joint and several guilt by the State, for having failed in its mandate to prevent such events, based on the social contract.
For the Retributive State, which is the goal or purpose of the declaration of State ignored by the current structure, work will make men free and worthy, to see themselves equal as brothers; And within this new society, Criminal Law has no place, because it is a tool that hurts as much or more than it solves, generating, under the promise of eradicating crime, more crimes; with the persecution of a criminal, more criminals; and with the supposed readaptation, true schools of crime. The Criminal Law that refuses to give in to change, is nothing more than the reflection of the State it serves, which is in the same negative; therefore, if the master changes, it is possible that the servant reveals himself to him; and try to gain autonomy by validating another system with its legality, understood as a dictatorship,As happens in many countries in which Criminal Laws have the dual function of control and social repression, while validating the system it serves, it is the current Criminal Law that actually makes use of temporary authoritarian and undemocratic regimes, for like a virus, it prefers to see the organism dead rather than give in to a cure, and it has to cling to its own existence, thus annihilating the entity in which it inhabits.thus annihilate the entity in which it inhabits.thus annihilate the entity in which it inhabits.
For this reason, it is important that the new State, in its failed stage, control Criminal Law, and force it to transform itself, and then, like the State itself, evolve. No newly created state is to flourish if it grows in the shadow of old norms. These will make a hypocritical attempt at service, but deep down, they are intended to infect the new order with its archaic essence.
The same happens with the human factor, because those who were born and raised in a vicious state are infected, and they will not be useful to a new order; that is why revolutions are sterile, having as the only practical result the shedding of blood, which serves as an intestinal purge.
The Retributive Democratic State, as an entity that anticipates problems, and is aware that most of these are inevitable, and does not fight them, it uses them for its ends; thus, before becoming fully Retributive Democratic, it must evolve into Failed; since the first clause of its social pact is to understand that change is required, and that this change includes all of us, the current contracting parties. Therefore, our role in such a company is meritorious, since we must become a Constituent Society of the Retributive Democratic State; and for this, both the state and the current society accept the degree of mutual infection, and the undeniable truth that they are both insurmountable; With this principle, they agree wills and do the only effective thing they can, lay the foundations of the new State, but without participating in it,it must be the new generations that do it; and in order not to affect them, the Company and the State are declared Default; and they prepare government structures heirs and children for the new charge. The Retributive Democratic State requires one to three generations as the optimal gestation time.
Within this evolution, since we have understood the Failed State as the courtroom of the Retributive Democrat, the same will apply to Failed Criminal Law, which will be known as the Last Phase or Stage, thus creating the Retributive School, which in a first act Immediately, it will synthesize the humanitarian and scientific phases, immediately performing self-analysis and selective purification; It will take from the humanitarian the non-negotiable respect for human dignity; but he will understand that among States, like individuals, those who do not respect and govern themselves must be protected and protected, even against their own actions, as long as they recover or acquire such capacity. In the same way, it will take the study of behaviors from the School or Scientific stage, but will eliminate concepts such as crime and delinquent, victim and rehabilitation;instead he will understand that it is inevitable that derived from interaction in society, man commits actions that affect his fellow men; Therefore, it is not necessary to engage in an inoficious and fruitless study of what is now known as a criminal phenomenon; the above, unlike the modern or eclectic school; if not, it has to implement a single Remuneration Right, eliminating Penal Codes and creating in a first stage a single Social Remuneration Code; in which, as the first article, it will declare the State liable and jointly liable for conducts that will no longer be criminal, with all the characteristics known to date as unlawful, criminality, guilt, imputability, etc. Torts will be called what today is known as crimes, and will be divided into grievances against people,damage to things and damage to the collective good.
Returning then to the central concepts, the Omissive State is the first evolutionary step and the first clause of a new social contract that recognizes the inefficiency of the current one and the need to replace it through a generational transition system, in which no member of current society constitutive must have any benefit, so that such a construction project will be done altruistically, and with the highest ideals of the human race, accepting us as an omission, not a failed society, and redirecting the current State to that same condition. The main characteristics of this stage will be:
- The Omissive State is declared from the current one in force, and must preserve the select democratic and republican principles, and its goal is to be a bridge or link between what is known and a Retributive Democratic State. The generation that endorses it as a Constituent Society, which has to function in the same governmental structures, but applying the retributive approach in educational and practical areas, will modify in a peaceful and democratic way as many legal precepts are necessary for the perfect validity of the new State, giving a period of adaptation that will be defined by popular will, attending to the needs of the remuneration model.The Omissive state will be synthetic, materialistic and above all heuristic, it must unify and simplify structures, respecting the three current powers,but unifying its structures, counting on a single national police, homologation of commands, and repealing all criminal laws, flatly discarding all known criminal codes and procedures and establishing in its place a single Law or Remuneration Law, which can be known as Code of Social Remuneration or Prevention and Treatment of Torts.
Likewise, what is now known as criminal law, will be governed while making the transition to Remuneration Law, by a new stage or school, Retributive Law, which has the following main characteristics:
- it ignores the behaviors defined today as crimes, and reclassifies them as Torts, to people, to things and to the common good. There is no crime, there is no criminal, there is no penalty, there is no rehabilitation, or treatment of the victim as it is known in the current system. It rejects all known Criminal Codes, and instead establishes the Single Remuneration Law for Prevention and Treatment of Torts. Unify the police forces in a single Corporation, with single commands; Likewise, the current figure of the Public Ministry, which from now on will be a social representative with general jurisdiction, and link between the police report or made available and the judicial system that has to be simplified, when all kinds of special justice disappear, being only justices of the peace, knowledge and resolution, those who exist.The current mixed model will be replaced by the accusatory system, as the main tool the oral trial, and as the main characteristic, the establishment of the Popular Jury, made up of prominent members elected by the interested or affected social groups themselves. From the above, there will be unitary and collegiate magistrates as they are currently known, as a second instance and the Amparo Trial, which has to be modified, submitting to Regional or State Magistrates, advised by a popular citizen state council.There will be unitary and collegiate magistrates as they are currently known, as a second instance and the Amparo Trial, which must be modified, submitting to Regional or State Magistrates, advised by a popular state citizen board.There will be unitary and collegiate magistrates as they are currently known, as a second instance and the Amparo Trial, which must be modified, submitting to Regional or State Magistrates, advised by a popular state citizen board.
The Remuneration Law has as its pillars free will on any scientific circumstance that may deny it, the equality of rights being inalienable; where the State is recognized as jointly and severally liable for the wrongs committed by one or more of its members. You have to use the necessary methods to arrive at the right result, you do not fight with any current of thought, if you do not take advantage of what is required of it, so it is said is synthetic. It does not study the criminal phenomenon, nor does it worry about penalties and security measures; works closely with citizen councils to constantly implement, review and innovate the social contingency plans necessary to avoid grievances; and if these appear, they must immediately provide reparative support to the victim,through the interaction of the various institutions that make up the State, and sees the aggressor, formerly known as a criminal, as the victim of his own action.
For the aggressor, by offending a third party, accepts within the new social pact that he has renounced his right to preserve his personal freedom, since the basic principle of the retributive state of equality and freedom through decent and honest work, contemplates as an offense both Abusive wealth, such as extreme poverty, so it is not believed that this new State is married to Communist or popular ideas, it is married to everything that has a positive result for the society it serves, be they socialist or capitalist ideas, conservatives or democrats; the common good is the maximum goal, within which each individual has the obligation to find individual improvement and happiness, whoever cannot do it by his own action, must be protected by the State.
In that order of ideas, when an offense is committed within the Retributive State, all will be considered victims; the aggressor, the victim and the collaterals, that is, the family members of both and society in general. The aggressor is a victim of himself, since he has to lose his personal and intimate independence as an individual, but not necessarily his freedom.
As a clear and direct example, if we are facing a case of rape, that is, the man who obtains sexual intercourse without consent; the new Single Law must contemplate everything, except the prison sentence; The only corrective measure will be the treatment for social retribution, which will consist of community work, economic reparation if the injury is to things, and interned in State Institutes when the injury is considered serious.
In such a way, that instead of prisons and corrections, the Retributive Law will implement Civic Institutes in urban areas and in Rural areas, popular farms or Collective Enterprises, in which the aggressor will be assigned to a certain assigned work time, the which will be mandatory, strictly observing respect for their individual guarantees. Thus, a person who deprives another of life would have as an imposed measure to be accepted, at their choice, in an institute, farm, factory or popular company, where they have to work a decent day, followed by hours of study and hours of recreation, for a period of, say, not less than 15 years, in which he will be subject to minimal surveillance within the facilities, and will enjoy a salary that will allow him to defray his expenses within the institute,and the rest has to be divided into allocating to his family for maintenance and education, as well as another part for the family of the person who was injured with the loss of life.
Whoever does not respond to this system will be reassigned to medium surveillance colonies, which will be somewhere that due to its geographical characteristics make it difficult or impossible to escape, such as islands, plains, etc. In no case will the death penalty, imprisonment behind bars or torture be allowed, simply a more rigorous work program will be implemented. Every man has the fundamental right to work, and if he is unable to exercise his right, the popular council must ensure that his being has a purpose and benefit for himself, his family and the society of which he is a member at all times.
Those who do accept the work system may even continue studies, implement small businesses, with the art they have learned or the fruit of their work, but over which they will not have any control, said domain will be transferred to their relatives and those of the victim.
Similarly, specific programs will be considered for single mothers, people with addiction problems, abandoned minors, and all those who need the State for their healthy training and future productive life. Secondary education and work will be mandatory in this new model.
In this, the main role has to be played by the citizen council, who, being local or from the same community, must know the abilities and skills of the aggressor, and how to get the best out of the victim, the family, society and the himself wronged.
Thus the Remuneration Law is Complexly Simple, since it does not have written more than the foundations or fundamental pillars, such as the uncompromising respect for individual guarantees, rather it has to set guidelines to guide the citizen council and judge on what it cannot do with the aggressor, and leaves to the popular opinion and an expert in the matter, the best measure of retribution to follow, which may at all times be appropriate to the daily reality of the aggressor.
The Remuneration Law has to be aided for its purposes by all the known Sciences, Arts and Techniques that are applicable, individually or collectively, for which a new criminology will take on vital importance, THE REMUNERATION CRIMINOLOGY, which is defined as synthetic science. of all those that serve to understand, prevent and treat social grievances, and the victims derived from these, who are all affected by the offending act, the first victim being the active subject, then the passive one, and their respective family nuclei, continuing with the wave of social impact that the event unfolds, focusing all its multidisciplinary knowledge not to the study of why, but to the immediate solution and social retribution to the social imbalance that the propitious offense.
Thus, in general, The Retributive State is the necessary and forced evolution to the current situation that the States that suffer in global agony are living, because more than a theory of the state, it is a philosophy, a way of life, a current of modern thought that synthesizes the concepts tested and accepted as functional and applies them to the present reality.
