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El Problema De Las Fuentes Del Derecho: Una Perspectiva Desde La Argumentación Jurídica, Jorge Gonzalez-Jacome
El Problema De Las Fuentes Del Derecho: Una Perspectiva Desde La Argumentación Jurídica, Jorge Gonzalez-Jacome
Jorge Gonzalez-Jacome
This article argues that there is a very vast complexity in the theory of sources of law. According to the traditional doctrine the sources are ordered in a coherent and precise manner and the interpreter has only to apply a clear hierarchy. However, looking at the way some judges in Colombia have applied their sources, it seems that the traditional way of looking to this problem is not an accurate description of what is happening in practice. Therefore, an alternative way of understanding the practice of our judges is proposed, in order to build a description that shows us in …
Esclavitud Perpetua: Construyendo Una Perspectiva De Raza En El Derecho Constitucional Colombiano, Jorge Gonzalez-Jacome
Esclavitud Perpetua: Construyendo Una Perspectiva De Raza En El Derecho Constitucional Colombiano, Jorge Gonzalez-Jacome
Jorge Gonzalez-Jacome
The racial element in our society has been generally invisible to many of us. While slavery has been abolished, the process of making black people invisible has been effective. Two recent judgements of the Colombian Constitutional Court have made us think of the race problem as something meaningful in our society. Many difficulties arise in these judgements, and this article presents a critique to some of the legal arguments and consequences of them. It also sustains that the Court has still a long way to go in order to make the racial problem a visible one in our present state …
El Uso Del Derecho Comparado Como Forma De Escape De La Subordinación Colonial, Jorge Gonzalez-Jacome
El Uso Del Derecho Comparado Como Forma De Escape De La Subordinación Colonial, Jorge Gonzalez-Jacome
Jorge Gonzalez-Jacome
The Colombian legal culture has not been able to make a fruitful use of the available methodologies in the area of comparative law. National doctrine has understood comparative law as a contrast between two legal provisions that belong to different legal systems without being aware that this kind of comparison is contributing to perpetuate old colonialist ideologies. This phenomenon is visible when Colombian doctrine compares our legal provisions with those issued in what might be called countries of the first world. Under this perspective, it appears that law travels from the civilized world to the uncivilized. Therefore, I think that …