Most research on Ernesto “Che” Guevara has been concerned with emphasizing his ideological Marxist commitments and anti-imperial material objectives. These scholarly concerns usually constellate recycled subjective themes highlighting the revolutionary leader hating injustice, and loving justice, in tandem with the objective of eliminating imperialism and advancing a Third World project. In 2012, Che’s Apuntes filósoficos (Eng. Philosophical Notes) were published and highlighted that his exposure to philosophy regrettably occurred late in his life, and surprisingly, the difficulty he had in reading (...) Marx and Hegel. The objective, therefore, of this multidisciplinary research navigating law, theology, philosophy, and politics is threefold. First, it alludes to and critiques the familiar pedagogy of Guevara emphasizing the importance of developing a “theory in action”, “learning through action”, being a “humanist”, and “leading by example”. Secondly, it considers the consequences of Che reifying emotion (eros) over reason (logos) thereby providing a possible answer to his “failed revolutionary story” in the Congo and Bolivia with his pedagogy involving an unstable compound mixing the emotion of compassion with rage thus clouding his reason. Finally, the third section highlights that we should not relegate emotion away from the sphere of political discourse, but rather harmonize it with reason to avoid chaotic and unpredictable errors based on subjective truths. Emphasizing the former at the expense of the latter—as maintained by a realist approach to International Relations and positivist jurisprudence accenting International Law—risks undermining scholarship challenging the immoral consequences arising from a naturalized assumption separating reason and revelation thus decriminalizing colonial practices characterizing the North and South. (shrink)

Dominant approaches to punishment tend to downplay the socio-emotional dimension of perpetrators. This attitude is inconsistent with the body of evidence from social and affective neuroscience and its adjacent disciplines on the crucial role of emotions and emotion-related skills coupled with positive social stimuli in promoting prosocial behavior. Through a literature review of these studies, this article explores and assesses the implications that greater consideration of emotional and social factors in sentencing and correctional practices might have for conventional punitive approaches (...) to crime. It argues that proper attention to these factors within the judgment of offending can challenge the tenets of dominant punitive ideologies and responses to crime. It further emphasizes the higher rationality and effectiveness of a paradigm of justice that aims for the social reintegration of perpetrators through a path to self-reform and change that is based on relational and inclusionary processes in the least confining environments possible to still ensure public safety. Hence, this article supports the pursuit of social rehabilitation as the ultimate goal of criminal justice. (shrink)