Showing papers in "Prolegómenos in 2012"
TL;DR: In this paper, the authors analyze the problem of internal displacement in Colombia, their history and identification of their rights and the regulation and jurisprudence that has been issued on the subject, and analyze the regulations governing to victims reparation and the restitution of land specifically contained in Law 1448 promulgated on 2011, to identify its main components and the expectations and challenges associated with practical application.
Abstract: On this paper tries is to do a study of the obligation at the expense of the Colombian State to return the lands that there have been snatched to displaced victims of the armed conflict, as part of the obligation of integral repair. Within this context we will analyze the problem of internal displacement in Colombia, their history and identification of their rights and the regulation and jurisprudence that has been issued on the subject. In addition, we will analyze the regulations governing to victims reparation and the restitution of land specifically contained in Law 1448 promulgated on 2011, to identify its main components and the expectations and challenges associated with practical application to do it not as a simply as a right enshrined in the law as a mere illusion of the victims, but a reality which does justice.
7 citations
TL;DR: The work of Federico Garcia Lorca, who belonged to a group of Spanish poets called Generation of 27, deals with certain concepts that are relevant from a sociological and cultural point of view as discussed by the authors.
Abstract: Since some time ago and especially from the ius-philosophical trail, a powerful trend that defends the relation between Law and Literature has opened its path. It begins as a less dogmatic and formal juridical conception, where law is studied as a cultural phenomenon created by human will. This conception is more open to contact and enrichment with other fields of cultural expression, where the values of the political community are also manifested. The work of Federico Garcia Lorca, who belonged to a group of Spanish poets called Generation of 27, deals with certain concepts that are relevant from a sociological and cultural point of view. Aspects like the female roles and its difference with the roles assumed traditionally by males, their need for freedom and from escape the rigid social convention that suffocate their existence, and a deep sense of natural justice that contrasts with the legal justice. All these aspects coordinate in a transcendental way all the works of Garcia Lorca.
5 citations
TL;DR: The Mediacion as mentioned in this paper is an alternative mechanism in the penal process by means of the third neutral, treating to allow the exchange of opinions between victim and the imputed or accused so that confront his points of view and with his help, attain to solve the conflict originated with the crime.
Abstract: The mediacion is an alternative mechanism in the penal process by means of the third neutral, treating to allow the exchange of opinions between victim and the imputed or accused so that confront his points of view and with his help, attain to solve the conflict originated with the crime.
5 citations
TL;DR: In this paper, the agency theory was used as a determinant of capital structure of the agricultural sector in the department of Valle del Cauca, Colombia, from 2005 to 2010.
Abstract: This paper deals with the agency theory as a determinant of capital structure, considered as a special case in agency theory; this includes an empiric study on eight economic sectors pertaining to the department of Valle del Cauca, Colombia, from 2005 to 2010. The general evidence suggests the relevance of the agency theory indetermining the capital structure of the agricultural sector that focuses on exports.
4 citations
TL;DR: In this paper, the authors argue that economic globalization is an important variable related to diverse national economical crises the occidental world has witnessed, and that these economic crises end up influencing the judicial decisions regarding economical, social and cultural rights, leading to a judicial rationing of social expenses, affecting these rights in the name of a supposed maximization of social welfare.
Abstract: This work has for objective establishing to which degree judicial decisions regarding economical, social and cultural rights are influenced by their economical consequences. The article sustains that economic globalization is an important variable related to the diverse national economical crises the occidental world has witnessed. In this way, these economical crises end up influencing the judicial decisions regarding economical, social and cultural rights, leading to a judicial rationing of social expenses, affecting these rights in the name of a supposed maximization of social welfare. Lastly, the article offers the argument that there really is a possible space for judicial consequentialism. However, from the perspective of theoretical law, the possible and needed judicial consequentialism is the one who leads judicial decisions towards the consequences that reaffirm the axiological-normative fundaments of the juridical system and not, fundamentally, the economical effects.
3 citations
TL;DR: The negative to ratify the United Nations Convention on the Law of the Sea (UNCLOS) by Colombia and other neighbor states is another situation that has lead to border differences that end in confrontation and international trials.
Abstract: One of the principal factors of diplomatic disputes and conflicts between Latin American countries has been the late demarcation of marine and submarine waters. In the case of Colombia, its maritime frontiers were regulated with bilateral treaties in the decades of 1970 and 1980. The negative to ratify the United Nations Convention on the Law of the Sea (UNCLOS) by Colombia and other neighbor states is another situation that has lead to border differences that end in confrontation and international trials. The article evaluates the Colombian policy regarding the territorialization of its seas and the differences that have arisen about this matter with Venezuela, Nicaragua and Colombia.
3 citations
TL;DR: In this paper, the authors analyze the experiences for the construction of international criminal justice which they built and added the main factors of competition serve basis today for the reality depicted in the International Criminal Court since the courts at Nuremberg and Tokyo.
Abstract: This article analize the experiences for the construction of international criminal justice which they built and added the main factors of competition serve basis today for the reality depicted in the International Criminal Court since the courts at Nuremberg and Tokyo. Through this paper is intended to show that before addressing the question of contemporary admissibility before the ICC, it is important to know as their bases have been built and where become its main institutions.
2 citations
TL;DR: The Social Doctrine of the Church as it teaches theological, moral and social education elaborated throughout several centuries by the catholic Church as an historical answer to social, cultural, economic and political problems that humanity has lived through with the objective of promoting the transformation of the reality into a more human, just and fraternal society as discussed by the authors.
Abstract: The article develops the subject of the Social Doctrine of the Church as it teaches theological, moral and social education elaborated throughout several centuries by the catholic Church as an historical answer to social, cultural, economic and political problems that humanity has lived through with the objective of promoting the transformation of the reality into a more human, just and fraternal society, by means of the respect to the dignity of the human being, the human rights and the rights of the people, viewed from the anthropological, philosophical, cultural and fundamentally theological field.
2 citations
TL;DR: In this article, the authors review the managements systems and applicable fiscal control in Colombia, the procedures devised by the legislature to compensate the damages caused to the public purse, and of the current situation in the management of public resources.
Abstract: This article attempts to briefly review the managements systems and applicable fiscal control in Colombia, the procedures devised by the legislature to compensate the damages caused to the public purse, and of the current situation in the management of public resources. Similarly, this paper serves as a vehicle to demonstrate certain behaviors not contained in current regulations in fiscal control, and to make certain proposals about possible changes of the current fiscal regime.
2 citations
TL;DR: In this paper, the authors analyze the guarantees provided in the articles 8 and 25 of the American Convention on Human Rights in the light of the jurisprudence of the Inter-American Court.
Abstract: This article will analyze the guarantees provided in the articles 8 and 25 of the American Convention on Human Rights in the light of the jurisprudence of the Inter-American Court. The right to be heard, the presumption of innocence, the reasonable time judgment, a clear and specific accusation, a natural judge, are connotations of the conventional guarantees provided in the Convention that are projected in endless concrete applications that the Court has issued through all the cases that she has judged and that grant them a specific sense. It is concluded that the Inter-American Court of Human Rights has developed a standardization process regarding the reasonable time of processes followed in the internal jurisdiction of member countries, avoiding juridical incertitude and insecurity for the parties and establishing uniformity in the management of process times of the internal legal codes.
1 citations
TL;DR: The authors developed the idea of how Law in general is everywhere one looks at, making it part of every single aspect of life, death, and everything in between: Everything is everywhere.
Abstract: This article develops the idea of how Law in general is everywhere one looks at. It makes a part of every single aspect of life, death, and everything in between: Everything is
TL;DR: La Responsabilidad por falla del Estado, el titulo de imputacion de mayor relevancia dentro del ordenamiento juridico colombiano, en cuanto que las ac...
Abstract: Resumen es: La Responsabilidad por falla del Estado, es el titulo de imputacion de mayor relevancia dentro del ordenamiento juridico colombiano, en cuanto que las ac...
TL;DR: In this article, the authors reflect about the need of the registry from a juridical theory of property perspective, and reflect about these themes from the perspective of the Colombian legal system.
Abstract: Boudewijn Bouckaert describes the public registry or "Title System", as a "(...) legal institution based on written evidence of the legal status of assets that are systematically recorded". (Bouckaert, 2010). In legal systems where the registry system it´s used for the transfer of properties, the efficiency of the economic order of said jurisdiction will depend in great measure of the coherency of the registry system with the definition and content of the property rights in the market. Could be a mistake to establish a recording system as a condition to transfer property rights? What determines the need of the registry from a juridical theory of property perspective? This article will reflect about these themes from the perspective of the Colombian legal system.
TL;DR: In this article, el objetivo del presente articulo es reflexionar sobre el fenomeno de la interpretacion en la norma juridica.
Abstract: Resumen es: El objetivo del presente articulo es reflexionar sobre el fenomeno de la interpretacion en la norma juridica. Por esta razon, se construye un dialogo con...
TL;DR: The authors define cooperativas as "personas juridicas that pueden realizar contratos, comparecer en juicio and actuar en todo aquello que este conforme con su indole soci...
Abstract: Resumen es: Las cooperativas son personas juridicas que pueden realizar contratos, comparecer en juicio y actuar en todo aquello que este conforme con su indole soci...
TL;DR: In this paper, the authors propose a model to guarantee the relations interpersonales through mechanisms and juridical processes in the international field, that benefit the general interest and arrest the opacity of the nations and organizations in the case of cooperation or humanitarian aid.
Abstract: The economic globalization, the association of the States and the society of the information, the development of the means of transport, the human mobility and the natural disasters or of human origin, constitute factors that do compulsory the political changes, social or economic of our time. These changes generate the need to modify and to adapt the situation partner-juridical of the States-Nations, until the degree to promote juridical mechanisms extraterritoriales with the finalidad to look for a better quality of life, procurando guarantee the relations interpersonales through mechanisms and juridical processes in the international field, that benefit the general interest and arrest the opacity of the nations and organizations in the case of cooperation or humanitarian aid.
TL;DR: The principle of ignorance of the law does not prescribe certain conduct nor proposes a specific sanction instead determining certain restrictions of the defense resources, and therefore all evaluations about it will have certain trouble if they do not evaluate simultaneously both the prescription of the Law (its specific objective) and its punishment proportionality of transgressions as mentioned in this paper.
Abstract: Whereas the Principle of Ignorance of the Law does not prescribe certain conduct nor proposes a specific sanction instead determining certain restrictions of the defense resources,all evaluations about it will have certain trouble if they do not evaluate simultaneously both the prescription of the Law (its specific objective) and its punishment proportionality of transgressions. Precisely in view of this consideration, the traditionally arguments used to defend and to refute the Principle of Ignorance of the Law are insufficient due to the complexity of the problem.