Dilemas sobre la relación entre derecho y moral: A propósito de la Sentencia C-404 de 1998, de la Corte Constitucional de Colombia
The relation between law and morals is a constant debate in jurisprudence. Usually the issue is considered from the case of unjust norms. Few studies deal with the case of legal rules that only pursues moral purposes. The aim of this document is to study this relation, based on the debate presented...
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Format: | Article |
Language: | Spanish |
Published: |
2016
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5677962 |
Source: | Derecho Público, ISSN 1909-7778, Nº. 36, 2016 |
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Summary: |
The relation between law and morals is a constant debate in jurisprudence. Usually the issue is considered from the case of unjust norms. Few studies deal with the case of legal rules that only pursues moral purposes. The aim of this document is to study this relation, based on the debate presented in the Colombian Constitutional Court Decision C-404/98. The study will show the difficulties the constitutional judge encounter when she justifies the compatibility between moral rules and the constitutional standards, as well to advance in alternatives to the solutions given by the Court. At the end, it’s shown how the Court abandons legal analysis in order to validate the moral rule. The study is based on legal argumentation analysis and conceptual reflection |
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