Reflexiones sobre los conceptos de validez y existencia de las normas jurídicas
15 Nov 2008-Iss: 31, pp 157-175
TL;DR: In this article, the authors analyze some of the issues raised by the concepts of validity and existence of the rules in the legal order, and they maintain that the multiple meanings that such a notion has in legal theory could be eliminated in favour of the concept of validity as legality.
Abstract: The he aim of this work is to analyze some of the issues raised by the concepts of validity and existence of the rules in the legal order. About validity, I maintain that the multiple meanings that such a notion has in legal theory could be eliminated in favour of the concept of validity as legality. In this sense, a statement on validity is an interpretative one, and, in many cases, it has a value nature. Unlike the validity (which is a feature that the rules may or may not have), the existence poses a different question: to determine under what conditions it can be said that we have a legal rule or, to put it another way, when a legal rule exists. For this purpose, I analyze two concepts on existence: formal existence and conventional existence.
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TL;DR: In this article, Bruzon Viltres et al. focused on substantiating the formality of case law, including its mandatory nature, which would significantly contribute to the uniformity of judicial activity and legal security.
Abstract: Case Law as a Formal Source of Law in CubaA jurisprudencia como fonte formal do direito em CubaSources of law are subject to constant consideration in the field of legal doctrine. Within it, the value of case law is controversial, especially in the continental system and particularly in the Cuban legal system. This article focuses on substantiating the formality of case law, including its mandatory nature, which would significantly contribute to the uniformity of judicial activity and legal security. To achieve this objective, certain conditions are listed—called formally valid—, in the context of the justification of domestic law, as possible references for necessary regulatory and court modifications that lead to the effective recognition of case law as a source. Main results are presented in this regard. The analysis was carried out using the synthesis, historical and comparative methods, as well as expert consultation.Para citar este articulo / To reference this article / Para citar este artigoCarlos Justo Bruzon Viltres, “La jurisprudencia como fuente formal del derecho en Cuba”, en Dikaion, 28, 1 (2019), 146-172. DOI: 10.5294/dika.2019.28.1.6Recibido: 23/04/2018Aceptado: 24/07/2018
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01 Jan 1978
TL;DR: In this paper, the authors examine what makes an argument in a law case good or bad, and can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences.
Abstract: What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
527 citations
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01 Jan 1987
TL;DR: Lamas et al. as discussed by the authors present Elementos para una teoria critica del derecho, a text by Pedro Lamas, Bogota, Colombia, Universidad nacional de Columbia, 2001, 399 p.
Abstract: traduction: OST, Francois et van de KERCHOVE, Michel, Elementos para una teoria critica del derecho, trad. par Pedro Lamas, Bogota, Universidad nacional de Columbia, 2001, 399 p.
28 citations