Nietzsche and his vision on penal thought

Abstract

The work of the author analyzes the penal thought of the German philosopher Friedrich Nietzsche, of how the penal norms possess a moral background, and how punishment is one of the ways to mark an incandescent memory of the duties morality imposes.  Besides, Nietzsche sets out his suspicion on the social contract as a way to constitute society and questions the bases of the State-delinquent relationship under the social contract.  Nevertheless, in spite of denying the idea of such pact as the creator of the State, he considers, as a proposal, a different form of State and of criminal law.  This represents, in the opinion of the author, a positive dialectical moment, who indicates, in addition, how the nietzschean thought is favorable to Latin-American analysis; first by setting the content of  European thought with greater precision, so that Latin-American thought can know about from what to differentiate; and second, through the application of the genealogy of punishment to the history of our own institutions.