Desobedience in Criminal Law

Authors

  • Francisco Javier Álvarez García Carlos III University of Madrid image/svg+xml

Keywords:

obedience, disobedience, authority, hierarchy, organization, public servant, presumption of legality, unlawful or anti-juridical mandate

Abstract

The crimes of disobedience are conceived as close-offences and they only take place where a lawful order or lawful warrant (from a competent authority or official) are not complied. For this reason, the main issue is not when an individual must obey an order, but rather when he/she has the license to disobey. In cases of justification of the disobedience, we trace the difference between the subjection to mere personal authority (Despotic power or Absolutism) and the norms, the transition from the Ancient Age to the Modernity in the creation of law.

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Published

2014-09-17

Issue

No. 4 (2013)

Section

Voices on Lawfulness

License

Eunomía. Revista en Cultura de la Legalidad is a duly registered journal, with EISSN 2253-6655.

The articles published in Eunomía are –unless indicated otherwise– under a Creative Commons Attribution-No Derivative Works 3.0 Spain license. You can copy, distribute and communicate them publicly as long as you cite their author and the journal and institution that publishes them and do not make derivative works with them. The full license can be consulted at: http://creativecommons.org/licenses/by-nd/3.0/es/deed.es

 

How to Cite

Desobedience in Criminal Law. (2014). EUNOMÍA. Revista En Cultura De La Legalidad, 4, 208-215. https://e-revistas.uc3m.es/index.php/EUNOM/article/view/2107