Mariano Ruiz Funesintelectual y político (1923-1953). Aportación a la modernización del sistema liberal-democrático en España y proyección internacional de su obra.

  1. Gracia Arce, Beatriz
unter der Leitung von:
  1. Carmen González Martínez Doktorvater/Doktormutter

Universität der Verteidigung: Universidad de Murcia

Fecha de defensa: 29 von Juli von 2013

Gericht:
  1. María Encarna Nicolás Marín Präsident/in
  2. Sandra Souto Kustrín Sekretärin
  3. Alicia Alted Vigil Vocal
  4. Jorge Novella Suárez Vocal
  5. Manuel Ortiz Heras Vocal

Art: Dissertation

Zusammenfassung

Objectives: This doctoral thesis addresses the figure of Professor of Criminal Law, Mariano Ruiz-Funes, in its many facets: political commitment to the Second Republic and as an activist in the Republican government in exile, while his intellectual career as a lawyer in exile. In our work we have deepened their political and intellectual biography from a multidisciplinary perspective, to try to assess the role of Mariano Ruiz-Funes in the liberal-democratic project of the Second Republic, its bankruptcy during the civil war and continuity in Mexican exile. It has also paid attention to the legal essays and criminal in exile, shows its relationship to the political currents of thought and humanitarian in his conception of the death penalty, political crime, war crimes or genocide and transcendental reflection of Republican exile footprint in countries gave refuge. Methodology: This research, with a clear multidisciplinary cornerstone had as comprehensive analysis of the personnel file Mariano Ruiz-Funes, of great wealth and never worked, what has allowed us to perform or detailed study of his political and diplomatic but also his legal work, because we have the original articles and typed manuscripts of his legal work published. This cross-disciplinary and richness of sources results in a research paper we have addressed from different perspectives, legal, cultural, political and social, something not very common in the historiography of the period, especially to include as an element of analysis historical contribution of legal thought through analysis of the literature of the period generated by Mariano Ruiz-Funes. This multiplicity of perspectives contributes also to unravel, more fully, the study period in which this research is limited (1923-1953) from the different contexts that shape it, primorriverista stage, II Republic, Civil War and exile, always seeking input from Ruiz-Funes the passing of these historical processes from its unwavering commitment to liberal and democratic republicanism, both in Spain and in exile. Conclusions: The conclusions that this research leads are the contribution Mariano Ruiz-Funes made in the preparation of the 1931 Constitution, whose contributions are key to understanding the process of modernization carried out during the Republican period, and the Law religious congregations and Agrarian Reform, and during the Civil War, with responsibility in the constitution of the judiciary of the Republic at war, and their invaluable work as charge d'affaires in Warsaw and ambassador to Belgium. The figure of Mariano Ruiz-Funes favors a heterogeneous and diversified vision of exile in Mexico 1939: examine his work, both politically in the constitution of republican government in exile, as his legal work and essays, which is a valuable contribution to value what this meant exile exile also to the host country: in institutions such as The House of Spain (after El Colegio de Mexico) in the case of Mariano Ruiz-Funes in his professional field of law, the Project Criminal Studies Institute and doctoral courses at UNAM. One of the most interesting and novel contributions of this research to the study of exile is the enhancement and analysis of the written work of Mariano Ruiz-Funes. We investigated publications launched by the exiles, most worked from the Literature and Philosophy since history, focusing on essays Mariano Ruiz-Funes in exile, in which the criminal approaches the subject Murcia Spain view from outside, as a country that is oppressed in the hands of a dictatorship that rejects liberalism and justice with guarantees, which disrupts and removes the model of what had been the Second Republic, but the most interesting of this facet, we believe that is its ability to analysis of wartime Europe and the consequences of war, we can see clearly a link between political concepts and criminology, law specialty in which Mariano Ruiz-Funes will stand out as an accomplished specialist . Indeed our work also claims legal element analysis to show the importance of exile in this scientific field, because there was a real driver where he was welcomed, while for Spain meant the loss of one of his generations most prolific in all disciplines of Right. In the case of Mariano Ruiz-Funes, elaborate on its foundation of international humanitarian law, as it was one of the pioneers in the concept and content of the crime of genocide.