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Filosofía del Derecho

01 Jan 1997-Research Papers in Economics (Universidad Externado de Colombia, Facultad de Derecho)-Vol. 1
TL;DR: The notion of tolerancia, formulado by Kaufmann como imperativo categorico, guia su pensamiento para presentar de forma minuciosa y objetiva corrientes y doctrinas que no comparte o solo acepta parcialmente, and autores que cubren todo el espectro de la filosofia del derecho clasica y contemporanea as mentioned in this paper.
Abstract: Libro de gran importancia para la reanimacion de la Filosofia del Derecho y los estudios juridicos, en el que se debaten numerosos temas de interes actual como la bioetica, junto a los tradicionales de la filosofia del derecho y la teoria juridica. El principio de tolerancia, formulado por Kaufmann como imperativo categorico, guia su pensamiento para presentar de forma minuciosa y objetiva corrientes y doctrinas que no comparte o solo acepta parcialmente y autores que cubren todo el espectro de la filosofia del derecho clasica y contemporanea.
Citations
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01 Jan 2015
TL;DR: In this paper, a study aimed to determine the influence family functioning in the coping strategies of adolescent mothers who were raped in room Provincial Maternity Teaching Hospital Ambato, Canton Ambato and Tungurahua Province in the period September 2014 February 2015.
Abstract: This research work aimed to determine the influence family functioning in the coping strategies of adolescent mothers Rape victims hospitalized in Room Provincial Maternity Teaching Hospital Ambato, Canton Ambato, Tungurahua Province in the period September 2014 February 2015. The place of the research was on the Provincial Teaching Hospital in the city of Ambato Ambato, Tungurahua Province from September of 2014 until February of 2015, people who were part of my study were 35 mothers adolescents through psychological interview could conclude that they were victims of Rape defined as intercourse with a person using seduction and deception to achieve the consent of a victim who is under 18 years and the rapist meanwhile he is of age why we worked with a minimum population required for research can be developed.

39 citations

Journal Article
TL;DR: In this paper, amarco senalado por Miguel Carbonell, en virtud del cual una nueva Constitucion, unas renovadas practicas jurisprudenciales and los desarrollos teoricos novedosos permiten determinar el grado del influjo neoconstitucionalism in un sistema juridico particular.
Abstract: En este articulo se sustentara que Colombia se encuentra regido por los postulados del neoconstitucionalismo. Para desarrollar la argumentacion se utiliza el marco senalado por Miguel Carbonell, en virtud del cual una nueva Constitucion, unas renovadas practicas jurisprudenciales y los desarrollos teoricos novedosos permiten determinar el grado del influjo neoconstitucional en un sistema juridico particular. Se explican estos aspectos y se enfatiza en el papel del juez a partir de la constitucionalizacion del derecho y se desestiman, a su turno, dos de las mas recurrentes criticas sobre el nuevo derecho en Colombia.

16 citations

Journal ArticleDOI
11 Dec 2015
TL;DR: The main tenets of two of the most widespread streams on this topic, representing thus two not only different, but also opposing views on the law: legal positivism and neoconstitutionalism, are discussed in this paper.
Abstract: The adoption of a theory of law not only represents a legal-philosophical stance, but also carries clear implications on a practical level. In this paper we will see the main tenets of two of the most widespread streams on this topic, representing thus two not only different, but also opposing views on the law: Legal positivism and neoconstitutionalism. The postulates one become “paradigmatic oppositions” compared to the other. This is so because they affect essential areas of Law as the criterion relating to its validity, formation, the role of judges in the resolution of “difficult cases”, among others. Although each theory presented solid arguments in its defense, always leave a loophole that is exploited by the other to be criticized. This, however, does not hide a tendency to include elements proposed by the neoconstitutionalism in Law, mainly because of the gaps of positivism facing the demands of today’s society. Therefore, the latter has tried to remain in force through new proposals, such as the so-called inclusive positivism or softpositivismo that, on more than one occasion is away significantly from the basic ideas of positivism most widespread early last century.

15 citations

Journal ArticleDOI
TL;DR: In this paper, the authors analyze the treatment that is being carried out by public policies about gender equality and diversity in education, and make significant contributions, if possible, to the debate and reflect on the achievement of quality and inclusive education.
Abstract: Education has a significant role to play in the lives of everyone. Schools are still one of the ways of achieving valuable goals in education, both socially and individually. Education has an impact on our health, political participation, equal opportunities, environment, economy, culture, citizenship, human rights, and on the equitable distribution of social benefits (Perez-Jorge, Marquez-Dominguez, Gomez-Galdona, De la Rosa-Hormiga & Marrero-Morales, 2016). Education offers people the opportunity to make decision regarding their own lives; to use their abilities; to take care of themselves as well as other people; to maintain our high expectations and interests; and to make social and political participation possible. In that sense, education is a way to make us free and in living a fulfilled life. In this essay on “Equity, Gender and Diversity in Education”, it will be exposed (starting from the initial idea on the importance of education) that nowadays, schools (education), despite all the technological advancement and educational reforms, has little to do with an ideal model of diversity and gender directed towards equal opportunities in education (Criado, 2004). In this study, we will try to analyze the treatment that is being carried out by public policies about gender equality and diversity. Also, we will make significant contributions, if possible, to the debate and reflect on the achievement of quality and inclusive education. This contribution is one that is able to respond to the educational need for diversity in education.

15 citations

01 Jun 2017
TL;DR: In this paper, the authors present a theory of the creation of order in war zones that analyzes the behavior of non-state armed groups, the responses of local populations, and the effect of their interaction on wartime institutions.
Abstract: War zones are usually portrayed as chaotic and anarchic. In irregular civil wars, however, they are often ordered. Furthermore, different forms of order often coexist in areas controlled by the same non-state armed group, where the behavior of both civilians and combatants vary substantially. What explains this variation? In this paper I present a theory of the creation of order in war zones that analyzes the behavior of non-state armed groups, the responses of local populations, and the effect of their interaction on wartime institutions. My central argument is that disorder emerges when armed groups have short time horizons, which usually happens when they fight for control with other warring sides or are undisciplined; under these conditions, they are unlikely to establish a social contract with the local population. When armed groups have a long time horizon, a social contract is established, giving place to a new order. In this new order, armed groups may intervene minimally or broadly in civilian affairs; their choice, I argue, depends on the likelihood of organized civilian resistance, which is, in turn, a function of the quality of pre-existing local institutions, especially those dealing with adjudication of disputes. I also present extensions of the theory that account for variation in the strategic value of territory, variation in local capacity for collective action, and armed groups’ information about local institutions.

14 citations

References
More filters
01 Jan 2015
TL;DR: In this paper, a study aimed to determine the influence family functioning in the coping strategies of adolescent mothers who were raped in room Provincial Maternity Teaching Hospital Ambato, Canton Ambato and Tungurahua Province in the period September 2014 February 2015.
Abstract: This research work aimed to determine the influence family functioning in the coping strategies of adolescent mothers Rape victims hospitalized in Room Provincial Maternity Teaching Hospital Ambato, Canton Ambato, Tungurahua Province in the period September 2014 February 2015. The place of the research was on the Provincial Teaching Hospital in the city of Ambato Ambato, Tungurahua Province from September of 2014 until February of 2015, people who were part of my study were 35 mothers adolescents through psychological interview could conclude that they were victims of Rape defined as intercourse with a person using seduction and deception to achieve the consent of a victim who is under 18 years and the rapist meanwhile he is of age why we worked with a minimum population required for research can be developed.

39 citations

Journal Article
TL;DR: In this paper, amarco senalado por Miguel Carbonell, en virtud del cual una nueva Constitucion, unas renovadas practicas jurisprudenciales and los desarrollos teoricos novedosos permiten determinar el grado del influjo neoconstitucionalism in un sistema juridico particular.
Abstract: En este articulo se sustentara que Colombia se encuentra regido por los postulados del neoconstitucionalismo. Para desarrollar la argumentacion se utiliza el marco senalado por Miguel Carbonell, en virtud del cual una nueva Constitucion, unas renovadas practicas jurisprudenciales y los desarrollos teoricos novedosos permiten determinar el grado del influjo neoconstitucional en un sistema juridico particular. Se explican estos aspectos y se enfatiza en el papel del juez a partir de la constitucionalizacion del derecho y se desestiman, a su turno, dos de las mas recurrentes criticas sobre el nuevo derecho en Colombia.

16 citations

Journal ArticleDOI
11 Dec 2015
TL;DR: The main tenets of two of the most widespread streams on this topic, representing thus two not only different, but also opposing views on the law: legal positivism and neoconstitutionalism, are discussed in this paper.
Abstract: The adoption of a theory of law not only represents a legal-philosophical stance, but also carries clear implications on a practical level. In this paper we will see the main tenets of two of the most widespread streams on this topic, representing thus two not only different, but also opposing views on the law: Legal positivism and neoconstitutionalism. The postulates one become “paradigmatic oppositions” compared to the other. This is so because they affect essential areas of Law as the criterion relating to its validity, formation, the role of judges in the resolution of “difficult cases”, among others. Although each theory presented solid arguments in its defense, always leave a loophole that is exploited by the other to be criticized. This, however, does not hide a tendency to include elements proposed by the neoconstitutionalism in Law, mainly because of the gaps of positivism facing the demands of today’s society. Therefore, the latter has tried to remain in force through new proposals, such as the so-called inclusive positivism or softpositivismo that, on more than one occasion is away significantly from the basic ideas of positivism most widespread early last century.

15 citations

Journal ArticleDOI
TL;DR: In this paper, the authors analyze the treatment that is being carried out by public policies about gender equality and diversity in education, and make significant contributions, if possible, to the debate and reflect on the achievement of quality and inclusive education.
Abstract: Education has a significant role to play in the lives of everyone. Schools are still one of the ways of achieving valuable goals in education, both socially and individually. Education has an impact on our health, political participation, equal opportunities, environment, economy, culture, citizenship, human rights, and on the equitable distribution of social benefits (Perez-Jorge, Marquez-Dominguez, Gomez-Galdona, De la Rosa-Hormiga & Marrero-Morales, 2016). Education offers people the opportunity to make decision regarding their own lives; to use their abilities; to take care of themselves as well as other people; to maintain our high expectations and interests; and to make social and political participation possible. In that sense, education is a way to make us free and in living a fulfilled life. In this essay on “Equity, Gender and Diversity in Education”, it will be exposed (starting from the initial idea on the importance of education) that nowadays, schools (education), despite all the technological advancement and educational reforms, has little to do with an ideal model of diversity and gender directed towards equal opportunities in education (Criado, 2004). In this study, we will try to analyze the treatment that is being carried out by public policies about gender equality and diversity. Also, we will make significant contributions, if possible, to the debate and reflect on the achievement of quality and inclusive education. This contribution is one that is able to respond to the educational need for diversity in education.

15 citations

01 Jun 2017
TL;DR: In this paper, the authors present a theory of the creation of order in war zones that analyzes the behavior of non-state armed groups, the responses of local populations, and the effect of their interaction on wartime institutions.
Abstract: War zones are usually portrayed as chaotic and anarchic. In irregular civil wars, however, they are often ordered. Furthermore, different forms of order often coexist in areas controlled by the same non-state armed group, where the behavior of both civilians and combatants vary substantially. What explains this variation? In this paper I present a theory of the creation of order in war zones that analyzes the behavior of non-state armed groups, the responses of local populations, and the effect of their interaction on wartime institutions. My central argument is that disorder emerges when armed groups have short time horizons, which usually happens when they fight for control with other warring sides or are undisciplined; under these conditions, they are unlikely to establish a social contract with the local population. When armed groups have a long time horizon, a social contract is established, giving place to a new order. In this new order, armed groups may intervene minimally or broadly in civilian affairs; their choice, I argue, depends on the likelihood of organized civilian resistance, which is, in turn, a function of the quality of pre-existing local institutions, especially those dealing with adjudication of disputes. I also present extensions of the theory that account for variation in the strategic value of territory, variation in local capacity for collective action, and armed groups’ information about local institutions.

14 citations