Figuras de la perversión del derecho: para un modelo crítico de investigación jurídica empírica
The text proposes methodological categories which assume a critical posture and can be used in the design of projects of law empiric investigation. Projects whose interest is to describe and demand the rationality of the Constitutional State institutions. This way of legitimation of power involves t...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5331230 |
| Source: | Revista Prolegómenos. Derechos y Valores de la Facultad de Derecho, ISSN 0121-182X, Vol. 19, Nº. 37, 2016, pags. 99-108 |
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| Summary: |
The text proposes methodological categories which assume a critical posture and can be used in the design of projects of law empiric investigation. Projects whose interest is to describe and demand the rationality of the Constitutional State institutions. This way of legitimation of power involves the need to decide according to the will of laws and not to that of men. In order to reach its objective, the document proposes the categories “outflow of law”, “false legality” and “zone of authority”, developed from the writing of Franz L. Newmann, whose purpose is to evidence and criticize the criteria used by power in order to juridically justify its actions and, eventually, to reflect about the meaning of its absence. The use of such categories endeavours to enable the identification of investigation problems that relate the law internal rationality categories to the conflicts in civil society, revealing the moments in which power decides the self-sufficient way, pervertingthe right to impose a decision in an unilateral way, that is, without a justification that fulfills the demands of the promise of legitimacy, contained in the idea of Constitutional State. |
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