Abstract

TONKONOFF, Sergio. What are fundamental prohibitions? A poststructuralist approach to the criminal question. Rev. Pilquen. secc. cienc. soc. [online]. 2019, vol.22, n.4, pp.36-49. ISSN 1851-3123.

The present work intends to elaborate a general perspective of the criminal question understood as a question related to the processes of production and re-production of fundamental prohibitions and to the criminal punishment of their transgressions. Above all, we will propose a renewed concept of fundamental prohibition in a poststructuralist framework and in a critical dialogue with classical sociology, psychoanalysis and structural anthropology. In our hypothesis a fundamental prohibition is a mythical mandate of exclusion that, instituted in a historical and contingent way, produces the final borders of a societal group within a plural and indefinite social field. To achieve their effectiveness, that borders must be materialized through the criminal punishment some of their transgressions and the production of radical alterities. In this sense, it can be stated that the fundamental prohibitions are means of production of society.

Keywords : Fundamental prohibition; Criminal transgression; Criminal punishment; Social field; Multitude; Socio-symbolic order.

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