Contempt
a felony which invites for abuse
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Contempt, Criminalization, Open texture of law, Misuse of power, Evidential rigorAbstract
In this paper, it is performed a critical analysis on the penal norm of contempt, focusing on three axes: first, comments are made about what here shall be called “wide open texture” of the concept of contempt. Afterwards, it is grapple the margin for misuse of power which the wideness of the penal norm causes, along with the probative problem. Finally, it is defended that the criminalization of contempt compromises the citizens’ liberty before public officials, based on a republican concept of liberty as non-domination.
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