El ideal de imparcialidad: ¿es necesaria su superación?

This work presents the problems that the ideal of impartiality reveals in present times, and it aims to discuss the need of its political overcoming too. Impartiality is the regulative ideal that classic political liberalism adopted, and consist in the attitude of avoid defending any particular conc...

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Bibliographic Details
Main Authors: Castillo Rivadeneira, Juan Camilo, Morales Espinosa, Diana Marcela
Format: Article
Language:Spanish
Published: 2014
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7830012
Source:Revista Criterio Libre Jurídico, ISSN 1794-7200, Vol. 11, Nº. 2, 2014 (Ejemplar dedicado a: Criterio libre jurídico Julio - Diciembre), pags. 25-33
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Summary: This work presents the problems that the ideal of impartiality reveals in present times, and it aims to discuss the need of its political overcoming too. Impartiality is the regulative ideal that classic political liberalism adopted, and consist in the attitude of avoid defending any particular conception of good life, ideology or religion; because it disowns an effective criterion to determine which would be better. So, the State became an objective guarantor of individual rights. Now then, in present times, the emergency of social groups with political, social, economic and/or symbolic vindications poses challenge to which impartial-state must confront: now it is not just about regulation of individualscommunity-state interaction. Hence the need of questioning this ideal emerges. The case of the twins indigenous community U’wa can be example that questions the application of the ideal of impartiality today. In such community, the births of twins are considered “abnormal”. Therefore, the twins are abandoned in order to Mother Nature determines their destiny. Should a Stated considered impartial ensures the individual right to life of twins, or be indifferent about particular beliefs of community members? This example evidences that the impartial State is in its decadence because it is unable to confront a problem of a multicultural society