On genocide, an interview with Daniel Feierstein

In this interview, Daniel Feierstein, an Argentine sociologist with extensive experience
in genocide studies, reviews the main themes of his iusconstructivist proposal and the
contributions he has in sociology and law. After a brief tour of his personal history and
intellectual concerns, Feierstein addresses the explanation of the psychogenetic
development of the construction of moral judgment, taking as theoretical references Jean Piaget and Norbert Elías to reach the dilemma between positive law and the theory of natural law. The iusconstructivista proposal is inspired by Carlos Nino's theory of moral constructivism, in which Feierstein presents his point of view on the current path of criminal law in the world, referring to jurists such as Günther Jakobs and Luigi Ferrajoli and practical cases such as Colombian and Mexican. The interview centrally addresses the issue of State crimes, specifically the concepts of crimes against humanity and genocide, citing the Nuremberg trials, international conventions, and Raphael Lemkin as a theoretical reference. Cases such as the Argentine trials on state crimes committed during the dictatorship and the comparison of the democratic regimes of the XXI century in Colombia and Mexico with those of the XX century are analyzed under the theory of the two demons and the concept of genocide. Finally, the iusconstructivista proposal contributes to the cases of trial of genocide and its perception about the norm, which can be applied to the most current case on the limits of restriction and the error of equating this function of the norm in de facto governments with the Government measures taken in the face of the global COVID-19 pandemic.