Aproximación a la teoría jurídica de Luigi Ferrajoli y su proyección en Colombia
This article explores the essentials of Luigui Ferrajoli’s legal pacifism to find out to what extent it may contribute to clarify uncertainties regarding significant gaps in and questions about the scope of peace at the legal and political levels. The research problem is encapsulated in the followin...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2019
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7323366 |
| Source: | Diálogos de saberes: investigaciones y ciencias sociales, ISSN 0124-0021, Nº. 50, 2019, pags. 163-184 |
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| Summary: |
This article explores the essentials of Luigui Ferrajoli’s legal pacifism to find out to what extent it may contribute to clarify uncertainties regarding significant gaps in and questions about the scope of peace at the legal and political levels. The research problem is encapsulated in the following question: What are the basic elements of Ferrajoli’s legal pacifism, what application does legal pacifism have in the local legal system and how can his theory add to the conceptual and regulatory development of peace in Colombia?The methodological strategy employed is eminently qualitative with a descriptive, explanatory, and purposive scope. Therefore, this research is based primarily on the analysis and synthesis of the author’s main works to establish concisely the conceptual and theoretical aspects of legal pacifism, as well as some of the major criticism of his thesis. Then, the constitutional system and the Constitutional Court’s case law are reviewed to determine how close the local legal system is to legal pacifism. Finally, it is concluded that Ferrajoli’s theory of legal pacifism can support the conceptual and regulatory development of peace embodied in the Colombian Constitution of 1991 |
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