Criticism of t he legitimacy of Law in times of social exclusion. Rethinking the responsability of the State from the social bond of citizenship

Abstract

This essay will carry out an analysis of the structural characteristics that define the society of late Modernity, to understand how these changes in the social configuration determine the way of understanding criminal policy and Criminal Law in the face of exclusion processes. We will analyze how, in a context of deep exclusion for certain people and groups, the necessary link between the rule of law and citizenship with rights is broken, which, to the extent that is contributed by the State in the production of material conditions of exclusion, they would call into question the legitimacy of a State to punish the excluded. To understand all this, we will measure what the conditions for the configuration of a decent State that does not humiliate its citizens could be.