Search

The plots of Billy Budd and The Bonfire of the Vanities are organized entirely around a lawsuit. In The Pickwick Papers the trial is only a part, though an important one, of a series of related adventures in which the main characters of the novel participate. In the three novels there is a trial in which the accused is found guilty, although he is actually innocent. In The Posthumous Papers of the Club Pickwick, the author's main purpose is to present the operation of the legal system, in which the modus operandi of unscrupulous lawyers, who rely only on cheating and deceiving methods, is at the beginning of and determines the outcome of the lawsuit. In Billy Budd, an innocent is sentenced to death in order to preserve a supposed higher interest: the common good. In The Bonfire of the Vanities, political factors, personal interests, resentments and other worldly elements determine the outcome of the trial. In the three cases, the watchmaking mechanism that a lawsuit appears to be is completely overcome by factors outside it. [ABSTRACT FROM AUTHOR]

This paper systematizes and compares, based on the reasoning of the U.S. Supreme Court and its decisions, four pairings of concepts that arise from discussions on the operability of the presumption of innocence in the AngloAmerican legal system. The article illustrates that the partial conclusions in each of these comparisons must be reached by arguments consistent with the normative foundation of the presumption of innocence principle in order to find the defining characteristics of said principle. Ultimately, the paper sets forth a definition of the presumption of innocence that encompasses each of the partial conclusions thus reached. [ABSTRACT FROM AUTHOR]

This paper identifies the interpretative and qualification legal problems posed by the criminalisation of rape offences in Peru by examining the most contemporary case law and specialised literature. Through a teleological and systematic legal interpretation of these offences and applying a gender perspective, preliminary alternative solutions are constructed. The main legal conclusion reached is that, with the incorporation of the modality of "taking advantage of any other environment that prevents the person from giving free consent" in the offence of rape in its basic modality (article 170 of the Criminal Code), the Peruvian legal system has incorporated a model based mainly on the absence of consent for sex offences. This model, in turn, is close to the "yes means yes" approach to consent, based on a conventional, constitutional and teleological interpretation of the wording of the criminal offence. This paper also reaches other important legal conclusions about the criminal offence of rape, such as the feasibility of its coverage of cases of stealthing, the legal viability of its commission by compenetration and not only penetration, by improper omission and without requiring lewd intent in addition to regular intent, among others. Finally, considering these conclusions, articles 171, 172, 173, 174 and 175 of the Peruvian Criminal Code are systematically examined and congruent legal interpretations are proposed. One of the most relevant is the unconstitutionality of the criminal offence of rape by deception (article 175) and the rationale for its redirection to article 170, as the former could be used to argue that deception is not a suitable modality for committing rape against an adult or adolescent victim over the age of 13, preventing the adequate protection of sexual autonomy. [ABSTRACT FROM AUTHOR]

The challenge of the search for victims of enforced disappearance usually includes the recovery of the identity of the remains that are found. This paper highlights the legal dimension of identification and its quality as a decision about the proof of a fact, which can be analyzed with the conceptual tools of the theory of legal evidence. On that basis, it analyzes the question about the applicable standard of proof considering the recent Chilean experience, which shows how positive DNA evidence has tended to consolidate as a sort of golden standard, exclusive and excluding, for the identification of human remains in the case of enforced disappearances. However, that standard of certainty will be often difficult to meet because of deterioration of DNA in the remains samples obtained, because of the scarcity of samples given the practice of massive clandestine exhumations or because of a lack of relatives' samples for comparison. The paper explores the questions that then open up, regarding both the possibility that other forensic evidence may be acceptable as sufficient and the treatment of the unidentified remains. [ABSTRACT FROM AUTHOR]

For more than a hundred years, the study of the parties involved in a crime has been extensively researched, becoming a crucial topic in the field of criminal law. Although there is a considerable amount of research on this issue in the common law and civil law systems, there has been a notable lack of interest in comparative law studies between the two systems. This paper presents a comparative law study between the aforementioned models, offering a parallel and analytical analysis to understand their application and the challenges associated with the implementation of these categories. These categories are increasingly universal in Western criminal thought and policy, which makes this analysis systematic, complex and articulated. The analysis will focus on the German Criminal Code interpreted in the light of the theory of the act dominion and the Model Penal Code, serving as a harmonizing instrument for various criminal codes prevailing in the U.S. The need for comparative studies on U.S. criminal law and the German Criminal Code will be highlighted. With the internationalization of criminal law, comparative studies are becoming indispensable, as it is in this area that the clash of legal cultures occurs. A comparative study between the two models aims to determine the extent to which each system has similarities and differences. This study seeks to provide a deeper understanding of the similarities and differences between the systems of the Model Penal Code (common law) and the German Penal Code (civil law) with the aim of exposing the extent to which they differ and, thus, to improve the application of criminal categories in a context of internationalization. [ABSTRACT FROM AUTHOR]

The migration of Venezuelans nationals to other Latin-American countries has been defined as the most significant migratory phenomenon in the recent story of the region, with Colombia being the country that hosts the highest number of Venezuelan nationals. From a human rights perspective, this article critically analyzes the response of the Colombian State to address migration from Venezuela. The objective of this article is to show that Colombia has preferred to govern this migration through the creation of ad hoc permits, instead of recognizing the need for international protection of this population and their status as refugees. To this end, this paper analyzes the Colombian regulatory framework on migration and refuge and, in particular, the response of the Colombian State to the migration of people from Venezuela. Its central argument is that the Colombian authorities have opted for the design and implementation of alternative measures of migratory regularization, as it was at the time the Special Permit of Permanence and is today the Permit for Temporary Protection. This article concludes by stating that the approach to Venezuelan migration has led to a clear detriment to the refugee system, today collapsed and with no prospect of reform or strengthening. This is so because the institutional design of the Colombian refuge entails a host of obstacles that discourage applicants from following this path, even when they require international protection. The authors of this paper use legal dogmatic as the main research methodology. [ABSTRACT FROM AUTHOR]

Based on the distinction drawn by R. A. Duff between attacks and endangerments as two different kind of wrongs, this paper advocates a view of the crime of conflict of interest in the public sector as implicit endangerment against government decisions. This view is supported by different empirical studies, which demonstrate that, in scenarios of conflict of interest, although agents do not act with a deliberate purpose of benefiting themselves, their decisions tend to privilege their private interests. In addition, it is argued that, according to the perspective defended, the scope of the offense should include interests and acts of a non-economic nature. It should be clarified that the purpose of this paper is to contribute to the development of a normative theory of negotiations incompatible with public office which determines how this crime should be regulated, regardless of the specific way in which each legislation defines such behavior. [ABSTRACT FROM AUTHOR]

From the perspective of a descriptive analysis, and as a starting point to a new research line, this paper examines the potential impact Generative Artificial Intelligence (GAI) technologies may have on academic integrity, manifested in the learning and evaluation processes of law classes at the university level. The article takes as its premise the definition of academic integrity as a set of values and argues that a series of risks arise from the GAI that threaten those values, such as excessive dependence and trust in the GAI, the unreallizability of the pedagogical project and the loss of competitiveness of educational institutions, among others. To minimize or nullify such risks, and thus prevent them from affecting academic integrity, four mitigation measures are identified to be applied in university environments. [ABSTRACT FROM AUTHOR]

This paper attempts to demonstrate that the solution rendered by the International Tribunal for the Law of the Sea in the Southern Bluefin Tuna Case, although epistemically superior to the one that would have involved only considering the experts advising of each of the opposing parties dicta, would, in any case, prove to be sub-optimal. Indeed, such a forum, despite the provisions to that effect of the United Nations Convention on the Law of the Sea 289 article, would refrain from consulting and discussing with the experts the merits of the question submitted to its consideration. As a direct implication of such decision, the International Tribunal for the Law of the Sea could not have contributed to the knowledge, by the opposing parties, of the merits of their claims in a transcendental manner to the terms in which those parties raised, initially, their own claims. As a straight consequence of such a decision, the International Tribunal for the Law of the Sea deprived itself of any possibility of providing a truly consistent contribution to such dispute resolution, regardless of the following Arbitral Tribunal's decision merits. In this sense, this paper attempts to prove the strict causal relationship between failing to consider the otherness dictum and making epistemically deficient decisions by means of the International Tribunal for the Law of the Sea ruling in the Southern Bluefin Tuna Case. [ABSTRACT FROM AUTHOR]

The Inter-American Court of Human Rights has declared the violation of the right to dignity in various judgments based on the provisions of section 11 of the American Convention on Human Rights, which establishes the right to respect of honor and recognition of dignity. This section does not refer to the right to dignity explicitly, but it has been used by the aforementioned court to declare the violation of dignity as a right. Therefore, the purpose of this paper is to investigate whether the right to dignity has an object determined by the jurisprudence of the Inter-American Court of Human Rights. Consequently, the first part of this paper will address some doctrinal positions on dignity with emphasis on two authors that have proposed systematizations of the concept of dignity as a right. Then, the second part will continue with a study of the origin of section 11, which intends to determine how and why the word «dignity» was included in the aforementioned section. Subsequently, this paper will analyze the cases in which the Inter-American Court of Human Rights declared the violation of the right to dignity. [ABSTRACT FROM AUTHOR]

This is a descriptive-evolutive, dogmatic and comparative study on the collective processes of the European Union (EU). On November 25th, 2020, the Union adopted one of its most awaited legal instruments: the first legislation, that is supposed to create a European collective action mechanism for monetary relief. According to Directive 2020/1828 on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC, member States have to adopt the transposing measures by December 25th, 2021, and give effect to them on and apply them to representative actions that are brought on or after June 25th, 2023. The European movement for collective litigation started approximately three decades ago. It earned official European recognition in competition law in 2005, owing to the European Commission's Green Paper on Damages Actions for Breach of the EC Antitrust Rules, followed by the White Paper of the same title in 2008. From 2013 to the emission of the recent 2020 directive, the particularity of community collective redress and inhibitory guardianship has proven to be holistic, unlike the US class action model. This paper analyzes the three pillars of the European vision on collective redress seeking, namely: a) the extrajudicial alternative dispute resolution mechanisms, b) the regulatory and public policy mechanisms, and c) the collective processes or litigation. The interplay of these three pillars makes the European Union's view on the matter singular as it proposes a system of incentives, prudence and safeguards. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to identify and analyze the main criteria and standards developed in the field of international human rights law that delimitate the scope of the right to a special treatment in the execution of the penalty of deprivation of liberty for juveniles in contrast with adults. The work identifies the concrete consequences of the need for a specialized execution of sentences for juveniles in the regulation of institutions and guarantees established in favour of minors within the execution of the sanction of juvenile imprisonment, and then it determines how they have been recognized and developed by the corpus juris of international human rights law (international legislation, doctrine and case law). First, the paper analyzes how the reinforced protection of juvenile prisoners is recognized in the international human rights system, concluding that it is widely recognized. Then, it argues that this reinforced protection requires differences with respect to the treatment of adults, which can be systematized in five areas that are subject to a detailed review: orientation of the execution of the sentence of juvenile imprisonment, prison conditions, prison regime, good order and control mechanisms. [ABSTRACT FROM AUTHOR]

This paper addresses the new problems arisen after the recent judgement from the Spanish Constitutional Court ratifying revisable permanent prison. We need to bear in mind that Constitutional Law 1/2015 introduces permanent revisable prison for the very first time in the Spanish sentencing system. This sentence faced serious problems of constitutionality that were highlighted by a report made by a group of experts that would serve as a basis for the action of unconstitutionality presented in June the 30th 2015. It has taken six years for the Constitutional Court to solve this action in the sadly predictable sense to consider this penalty as constitutional; nevertheless, three dissenting votes pointed in the opposite direction. This decision has left an open door that certain political parties have decided to take and advantage of, in a punitive turn to extend this revisable permanent prison to new criminal situations. So, this work seeks to analyze the ramifications of this judgement, contributing to the reflection on permanent revisable prison and its escalation, so as the problems that it raises. [ABSTRACT FROM AUTHOR]

«Conformidad» is a very old institution in the Spanish criminal procedure system, since it dates back to the 19th century. In recent decades it has experienced a notable increase in its application as a negotiated criminal justice mechanism, as a result of several modifications in the Law of Criminal Procedure that have sought to introduce more space for negotiation in said figure and encourage its use. However, as an unwanted effect, such modifications have made the already convoluted regulation of said institute more complex, which makes it difficult to understand its physiognomy. This paper examines the current state of «conformidad» in the Spanish Criminal Procedure Law. Its scope of application, its requirements, its content, its processing and its effects are reviewed in the ordinary procedure, in the abbreviated procedure and in the fast procedure. A critical analysis of «conformidad» is also carried out from considerations made by the Spanish doctrine based on the complex normative reality and the not always consistent practice of the system, highlighting the fact that said institution generates certain risks for the accused, for the victim and for society. The work ends with some brief conclusions. [ABSTRACT FROM AUTHOR]

In 2018, article 52 of the Political Constitution of Peru of 1993, which regulates the ways in which Peruvian nationality is acquired and granted, was modified. With this amendment, will be considered Peruvians «by birth», among other cases, not only those persons born abroad of a Peruvian father or mother who are registered during their minority in the corresponding registry, but also those who, in that condition, are registered during their age of majority. This paper explains what should be understood by nationality; develops the role of domestic law and international law in the regulation of this human right, which is also necessary to be able to exercise some other rights; presents Peruvian constitutional regulation of nationality, detailing the amendment process of article 52 of the Constitution; to finally make a critical analysis of this reform. The purpose of this paper is to demonstrate that there is no justification for establishing differences between persons born abroad of a Peruvian father or mother who are registered during their minority in the corresponding registry, who acquire nationality «by birth», and those who, in that condition, are registered during their age of majority, who --before the amendment-- were granted nationality for exercising the «right of option», which did not allow them access to all constitutional rights. [ABSTRACT FROM AUTHOR]

The Civil Code of Andrés Bello, influenced by the French Civil Code, and unlike other European and Latin American codes, included the category of quasi-delict as a source of obligations. However, this notion has been difficult to understand, and has been often branded as merely formal, difficult to define and devoid of any practical utility. For this reason, this paper proposes an analysis of the category of «quasi-delicts» on the basis of the so-called obligations quasi ex delicto in classical Roman law. Such obligations were very useful for the formulation of a perfect and comprehensive division of the sources of obligations. After studying the reception of the quasi-delict in Andres Bello's Code, both in Chile and in Colombia, this paper proposes some ideas that could contribute to a new understanding of the category and, with it, to the renewal of its systematic and practical utility. The aim of this paper is to highlight the most important aspects of this category that allow for a re-reading of the modern category of quasi-delict in the light of classical Roman categories. For this reason, it would exceed the scope of the present work to carry out an exhaustive exegetical analysis of the entire collection of Roman sources that refer to this matter. [ABSTRACT FROM AUTHOR]

This paper analyzes the debate that arose in the Peruvian legal system about whether the term that the State has to collect civil compensation in cases of judgments arising from criminal procedures for offenses against public administration is one of expiration or prescription. The difference is not minor because while the prescription period allows for interruptions, the expiration period is not interrupted even when the debtor performs dilatory maneuvers to avoid payment. This last situation is recurrent in the context of the prosecution of the crimes against the public administration, as they sanction state corruption. In this paper, we intend to contribute to the aforementioned debate based on the revision of the figure of civil compensation and its capacity to combat and prevent corruption. Also, the definition, scope and differences between the figures of the expiration and the prescription will be studied to indicate, on the end, that this last institution is the one applicable to the supposed matters of examination. [ABSTRACT FROM AUTHOR]

This paper approaches comparative legal history in light of the life and work of John H. Wigmore. This paper first presents a definition of comparative legal history. Secondly, this paper addresses a mosaic of interests that Wigmore lived and experienced. It therefore presents a main dialogue of this jurist with the law of evidence, another dialogue with auxiliary disciplines, and a common thread that is represented by his interest in legal history and comparative law. This paper therefore points to the role that different actors may have in the development of an autonomous discipline, while they interact with other actors in other jurisdictions. [ABSTRACT FROM AUTHOR]

Under the slogan of “putting the house in order”, the government of Sebastián Piñera, since his presidential inauguration in 2018, has imposed various requirements on human mobility, which have hindered the entry and regular stay of groups such as Haitians and Venezuelans. These measures have been accompanied by a commitment to the militarization of the northern border and the mediatization of expulsions, along with a rhetoric that dichotomizes displacements into positive/negative, according to their administrative situation, thus conditioning the rights of migrants. This paper examines, from the paradigm of migration governance and through a documentary analysis, the Chilean migration policy from 2018 to 2022, investigating from a qualitative and exploratory approach the main measures implemented and the rhetoric used. It is concluded that in this presidential period a policy has been intensified that, through a human rights narrative, restricts certain flows, increasing irregularity and the precariousness of the crossings, consequences that contradict the premise of “orderly, safe and regular migration” on which the government administration is based. This dynamic has been strongly expressed in the Tarapacá Region, a territory that has become the epicenter of the migratory situation. [ABSTRACT FROM AUTHOR]

This paper aims to show that the binding force of the contract is justified in respect for the personal autonomy of the contracting parties. To do this, a contrast is made between the notions of will, promises and autonomy that have led the efforts to justify the binding effect of the contract in dogmatic and philosophical studies of contract law. Finally, some advantages of personal autonomy over other competing parameters are indicated, reinforcing its relevance to support the principle pacta sunt servanda. [ABSTRACT FROM AUTHOR]

Irregular migration is a complex phenomenon that defies the sole concepts of movement restriction and lockdown introduced by the pandemic. Accordingly, 2020 was a particularly tense year for migratory fluxes from Africa to Europe. The Canary islands route saw a reactivation after almost a decade of low activity, with 23,023 registered arrivals in 2020. Similarly to other European islands, such as Lesbos or Lampedusa, the Canary islands have limited state assistance resources for immigrants. The pandemic is, thus, a cause of the massive emigration in the Maghreb and Sub-Saharan Africa, but is also a decisive factor for the human rights violations before, during and after the immigrants’ arrival at the islands. Under these circumstances, Spain is obliged to comply with international, European, and national law regarding migrants’ fundamental rights. This paper argues that Spain must always guarantee the health protection of refugees and asylum seekers during the legal procedures of intervention, assistance and detention. Furthermore, the enforcement of sanitary measures is not a valid cause for omitting certain guarantees such as the right to legal assistance, the freedom of movement within national territory, the compliance with detention times, and the use of clean and safe reception centers. [ABSTRACT FROM AUTHOR]

This paper is intended to address in a synthetic way but with recent citations of the doctrine and jurisprudence some general principles of law, in order to contribute to the systematization, content, and affirmation of the general principles of law, and so, achieve the goal of a better law, the development of legal science and the progress of society. This paper makes particular emphasis on Colombian law, but it is projected as well inside the civil law tradition. [ABSTRACT FROM AUTHOR]

This paper suggests reassessing the teachings of the Roman method of creation of law, based on the understanding of the ius as ars boni et aequi, which makes evident that the law has a practical purpose and, consequently, topics is the knowledge itself of the law, in which the centrality of the case is highlighted and the realization of justice in terms of what we would today call «effective protection of rights». The text argues that such an understanding presupposes the understanding of the dynamic nature of law, of its artificial nature as created by human beings and, therefore, perfectible, of the active role of the jurist in the construction of a more equitable right, which makes possible the realization of the balanced equality in the preservation of the values of reasonableness that good faith proposes, by considering the requirements of the case, in harmony with the principles that govern the system, in a permanent reconstruction of the balance between topic and system. In rethinking the application of law according to its nature, to the essential function of serving coexistence, and of making the values of a social State of Law a reality, the paper analyzes the experience of Peruvian jurisprudence in the «precedents» of the Supreme Court of Justice, examining several of its most emblematic judgments, under the perspective of topics and, in general, of the Roman method of creating the law. [ABSTRACT FROM AUTHOR]

The objective of this paper is to examine the principle of systematicity as a criterion of an adequate legislative technique in criminal matters, regarding the norms that regulate nuclear crimes of vehicular traffic in Chile. The analysis focuses on the rule that establishes the effective enforcement of the custodial sentences imposed on some of these crimes, which breaks with the system of crimes regulated in Chile, that is generally based on another class of criminal reactions. The study uses fundamentally a dogmatic methodology and a recourse to legal, jurisprudential and doctrinal sources. Among its results, the article highlights the relevance that the principle of systematicity has for the creation of criminal laws, either as such or in relation to other principles of law, like equality before the law, proportionality or certainty. It also concludes that the violation of the principle of systematicity affects both formal and substantive aspects, that is, relative to the instruments that serve as a source for criminal norms and their content. [ABSTRACT FROM AUTHOR]

This paper presents three categories in which the notion of dignity can be used in jurisprudence, depending on the subject to which it is ascribed: as institutional status, as a characteristic of the human being and as a characterization of other elements. In each one of the types, in the first place, a theoretical explanation is made that, although brief, tries to introduce some characteristics about the respective meaning. Second, it describes how the Inter-American Court of Human Rights has used the term «dignity» in the respective sense; that is, a review of the casuistry is included. Finally, some ideas are discussed. The methodology has been analytical regarding the use of the concept and is based on an analysis of the contentious cases and the advisory opinions of the mentioned institution. [ABSTRACT FROM AUTHOR]

This paper aims to fill the gap in Chilean literature and contribute to the systematization and critical analysis of the legal criteria and standards of how fundamental law norms have been applied on social networks publications cases. To this end, it reviews the jurisprudence of the Supreme Court in cases of acciones de protección during 2020 and sets the applicable criteria. In most cases, the Court has accepted the claims of those whose personal honor has been affected and has ordered the removal of the publications from the networks. The article adopts a critical look at the jurisprudence, since some decisions do not pay enough attention to the protection of freedom of expression, especially by following an excessively legalistic criterion. In addition, we argue that the acción de protección has procedural limitations to deal with the problems of doxing in social networks. [ABSTRACT FROM AUTHOR]

This document strives to analyze the new approaches to regulatory supervision (innovation facilitators) that are being developed worldwide because of the fintech phenomenon, evaluating whether they would be beneficial for Perú, especially in relation to financial inclusion. For this reason, we have proceeded to a review of initiatives to promote fintech innovation worldwide, studying their characteristics. This analysis has a teleological nature of reviewing administrative supervision policies, grouping them into three large taxonomies: innovation centers, sandbox and others, such as innovation accelerators, studying in greater detail the sandboxes due to their relevance and potential impact. Specifically, the article explains the concept of sandbox, including the objectives for which they are designed, their main benefits and risks. Afterwards, the paper specifies the phases that these projects usually go through and their timelines. Two particular cases of sandbox are also described, the Mexican, which requires a «new model» license; and the Israeli, focused on data. Subsequently, the potential benefits and challenges of applying this type of public policy in Peru are evaluated. Finally, a model is proposed for the country, aligned with the financial inclusion strategy, which allows the open participation of all types of entities, including those called fintech, for the greater benefit of society and the markets. [ABSTRACT FROM AUTHOR]

This paper analyzes the front-of-pack food labelling, with particular attention to Chilean, Colombian, Ecuadorian and Peruvian regulations (also de lege ferenda regulations). The aim is to contribute to a better understanding and use a comparative methodology, in particular of the figure of the legal transplant. In that sense, a concrete example of operability (not necessarily achieved) of a transplant is provided. The work also shows that the analyzed legislations are far from European models and take Latin American standards as a reference, contributing to a paradigm shift in relation to the traditional influence of foreign regulations that is usually incorporated into Latin American national systems. [ABSTRACT FROM AUTHOR]

This paper addresses binding judicial precedent. The semistructured interview was used as a methodology for execution and a total of thirty-two academics, from ten countries in Latin America and Europe, participated of it. The results are structured around the arguments for and against precedent as a theoretical position; to narrate how vertex courts and inferior courts behave on precedents; and finally, to know the roadblocks that prevent following precedent correctly. [ABSTRACT FROM AUTHOR]

Nowadays we can find in common law and civil law legal systems noncustodial criminal sanctions with an intervention in the life of the offender that takes the form of supervision. In this paper, it is argued that these elements of intervention were present into alternative penalties from its inception in the common law system, which later fertilized civil law jurisdictions, that had alternative penalties without supervision. To do so, the origin and evolution of alternative penalties in both groups of jurisdictions are studied. The introduction of supervision in the civil law system in the 1960s and a second moment of fertilization or transfer in the 1990s are also taken into account, considering the broader legal and cultural processes to explain these developments and the main resistance to these changes. Finally, a special reference is made to the role of European institutions in the homogenization of European penal systems. [ABSTRACT FROM AUTHOR]

Based on the theory of the emotions proposed by Martha Nussbaum, the present paper proposes a theory of rationality and judicial reasonability that includes emotions as a necessary element. With this, it is possible to pass from a purely deliberative-abstract model of judicial argument to a narratively open one, in which empathy and literary imagination play a fundamental role. I will argue that emotions have a concrete manifestation in at least three relevant circumstances: the value of testimony, that of empathy, and that of literary imagination. However, the place of emotions for the project of judicial rationality is subject to institutional restrictions such as rules of law, procedures and precedents. With this in mind, a sketch of theory on the narrative rationality in judicial contexts is presented in the last section of this paper. [ABSTRACT FROM AUTHOR]

My goal for this paper can be presented as follows: I will attempt to show that objections to intuitionism, although they are serious, do not undermine entirely its fertility for knowledge and moral reasoning. This is probably the perception of contemporary philosophers like David Enoch, Robert Audi, Russ Shafer-Landau or John McDowell. In order to fulfill the objective mentioned above, I will do the following. First, I will outline broadly two of the paradigmatic features of moral intuitionism in order to identify it as a particular metaethics doctrine. Secondly, I will summarize some of the main objections that have been raised in order to discredit the value of moral intuitionism as a source both of moral knowledge and of valid support for moral reasoning. In third place, I will try, also briefly, to explain some of the possible (not all of course) answers to the objections previously mentioned in the paper. Fourth, I will recapitulate the more fruitful aspects of intuitionism, especially in regard to moral reasoning. [ABSTRACT FROM AUTHOR]

This paper shows a mismatch between a real and pressing demand for a philosophical analysis that allows us to explain the emergence of new phenomena in law, and the limited supply of theoretical tools to satisfy this demand by the traditional model of positivistic science of law. After an initial diagnosis of a mismatch between supply and demand, the resistance of legal positivism to accept practical rationality stands out as a core problem of the traditional model of positivistic science of law and the viability of this way of rationality is defended. The paper concludes with a proposal for the reinvention of the philosophy of law of the 21st century that incorporates new objectives and rethinks its method. [ABSTRACT FROM AUTHOR]

This paper aims to explore the functions of the theory of legal argumentation (TLA) on Constitutional States and will especially focus on the political and self-reflective functions of the TLA within the framework of a neo-constitutionalistic legal theory. The first part of the paper includes a definition of the TAL and an analysis of its main functions. At the end of the paper the author provides the bases for the development of a neoconstitutionalistic legal theory. [ABSTRACT FROM AUTHOR]

This paper approaches comparative legal history in light of the life and work of John H. Wigmore. This paper first presents a definition of comparative legal history. Secondly, this paper addresses a mosaic of interests that Wigmore lived and experienced. It therefore presents a main dialogue of this jurist with the law of evidence, another dialogue with auxiliary disciplines, and a common thread that is represented by his interest in legal history and comparative law. This paper therefore points to the role that different actors may have in the development of an autonomous discipline, while they interact with other actors in other jurisdictions.

This paper analyzes the debate that arose in the Peruvian legal system about whether the term that the State has to collect civil compensation in cases of judgments arising from criminal procedures for offenses against public administration is one of expiration or prescription. The difference is not minor because while the prescription period allows for interruptions, the expiration period is not interrupted even when the debtor performs dilatory maneuvers to avoid payment. This last situation is recurrent in the context of the prosecution of the crimes against the public administration, as they sanction state corruption. In this paper, we intend to contribute to the aforementioned debate based on the revision of the figure of civil compensation and its capacity to combat and prevent corruption. Also, the definition, scope and differences between the figures of the expiration and the prescription will be studied to indicate, on the end, that this last institution is the one applicable to the supposed matters of examination.

In times at which economic logic and a one-dimensional discourse of science silence alternative ways of thinking in our societies, this paper invites us to understand the law from a largely unexplored dimension: the dimension that institutes life, binding the social, the biological and the unconscious in a space that reproduces the logic of Interdiction. To achieve this goal, this paper begins by exploring the obstacles that make jurists unable to conceive a link between their discipline and psychoanalysis, as well as incapable of opening the law to its analysis. Among these, we encounter conceiving the legal system as the discourse of Reason in the West, construction which will remain an obstacle to the convergence between law and psychoanalysis unless we understand that the origin of this conception lies in the choice of Roman Canon law as its historical representation. Then, it reviews the notion of society, approaching it as a theatrical construction set by discursive practices, allowing the recovery of genealogical knowledge of the reference and to this end, builds on the knowledge of Roman law. Hand-in-hand with a psychoanalytic approach, it points out how a vast social system of interpretations places the law within the transmission of the Interdiction for the subject, transmission which introduces him to the institutional dimension of the limit. We also approach the unconscious aspects of the representation of the subject, by putting a transsexualism case law under the light of its notion of symbolic determinism. Finally, it reflects on the power of the State to divide words and things, that is, the Third separator, category necessary for the operation of law. Consequently, this paperallows law to be seen as refering to the order of life and also calls upon psychoanalysis to deepen the institutional dimension. [ABSTRACT FROM AUTHOR]

This paper suggests reassessing the teachings of the Roman method of creation of law, based on the understanding of the ius as ars boni et aequi, which makes evident that the law has a practical purpose and, consequently, topics is the knowledge itself of the law, in which the centrality of the case is highlighted and the realization of justice in terms of what we would today call «effective protection of rights». The text argues that such an understanding presupposes the understanding of the dynamic nature of law, of its artificial nature as created by human beings and, therefore, perfectible, of the active role of the jurist in the construction of a more equitable right, which makes possible the realization of the balanced equality in the preservation of the values of reasonableness that good faith proposes, by considering the requirements of the case, in harmony with the principles that govern the system, in a permanent reconstruction of the balance between topic and system. In rethinking the application of law according to its nature, to the essential function of serving coexistence, and of making the values of a social State of Law a reality, the paper analyzes the experience of Peruvian jurisprudence in the «precedents» of the Supreme Court of Justice, examining several of its most emblematic judgments, under the perspective of topics and, in general, of the Roman method of creating the law.

This paper is intended to address in a synthetic way but with recent citations of the doctrine and jurisprudence some general principles of law, in order to contribute to the systematization, content, and affirmation of the general principles of law, and so, achieve the goal of a better law, the development of legal science and the progress of society. This paper makes particular emphasis on Colombian law, but it is projected as well inside the civil law tradition.

The purpose of this paper is to provide an approach to self-regulation in commercial matters and, specifically, to the self-regulation systems on advertising and consumer protection in Peru. Particularly, the article analyzes the recent adoption of the Supreme Decree N° 185-2019-PCM, Regulation that promotes and regulates the voluntary implementation of regulatory compliance programs on consumer protection and advertising. In this sense, the objectives compliance programs seek to achieve are highlighted and the guidelines to be followed are addressed so that their implementation within a corporation is truly effective, particularly in terms of advertising and consumer protection. Finally, advantages and disadvantages of self-regulation systems are developed and it is concluded that the adoption of compliance programs is positive for consumers, the private sector and authorities. [ABSTRACT FROM AUTHOR]

This paper starts from a basic premise: During the last years, there have been multiple corruption cases that affected public administrations credibility, but also the one of the private sectors of the economy. Areas such as urban planning or public contracting have been prolix regarding the occurrence of criminal activities that undermine the proper functioning of the Public Administration and business activity based on ethics and legality. Consequently, it is very important to implement internal complaint mechanisms to improve organizations (public and private ones) by prematurely discovering illicit conduct and, in turn, identifying the individuals responsible for such acts. In the same way, for some companies, the verification of the effectiveness of the complaint channels in court contributes to corporate defenses and in achieving exemption from criminal responsibility. Therefore, from a technical perspective, guidelines and recommendations are offered from different regulations point of view to increase the effectiveness of these channels and to reduce the legal uncertainty that occurs in Spain, given the limited drafting of the Penal Code. Likewise, anonymity, paid denunciation and the protection of the complainant against retaliation are addressed. [ABSTRACT FROM AUTHOR]

In this paper we conduct a qualitative analysis of law students' experiences with authorities when they were high school students. Through a psychoanalytical framework, we seek to understand the relational dynamics underlying those experiences and their possible impact in the construction of the law students' «regulatory self», that is, in the way they live within regulatory systems. Then we explore the different manners in which that past could be present in the way law students live legal education and then their profession. Finally, we suggest diverse attitudes that law schools' authorities, professors and students can develop in order to avoid authoritarian relational dynamics and to construct a «regulatory ethos» which can contribute to the growth of students' «regulatory self». [ABSTRACT FROM AUTHOR]

This paper is an introductory study of the doctrine of suspect classifications based on the case law of the Peruvian Constitutional Court and the Inter-American Court of Human Rights. It aims to describe the special features of this doctrine as well as to critically analyze its proposed justification and the consequences of its application: The strict scrutiny test. To achieve this purpose, this work describes the case law in which both courts have explicitly mentioned this doctrine. Based on this study, the author identifies that the foundation of this doctrine lies in the notion of equality as recognition of vulnerable groups and that both tribunals have established as its main effect the application of a strict scrutiny test. Finally, the author critically assesses these jurisprudential findings. [ABSTRACT FROM AUTHOR]

From the judgment of the Barrios Altos case vs. Peru, the Inter-American Court of Human Rights began to develop the concept of «serious violations of rights» and their consequences in the national criminal sphere. Despite being a consolidated standard, nowadays there are still doubts about what acts should be classified under such legal category and if it is correct to limit certain procedural and criminal guarantees in order to achieve their criminalization. This paper explains these controversies in order to propose a legal solution that avoids impunity and ensures the legitimacy of the legal system. [ABSTRACT FROM AUTHOR]

The main aim of this research is to show the true dimension of the hierarchy principle, its scope and its limits. The goal is to overcome the normative vision of this principle, observing how it operates in other juridical elements, as charges, ends, values, goods, principles and rights. A philosophical, speculative and abstract method is used, endorsed with examples from the law of several nations and the international law. As the greatest debate in this field is the hierarchy of rights, viewed skeptically by a big part of the doctrine, this paper focuses on seeing how the hierarchy might work there. The analysis has a tripartite structure: a) exposition of the problem, b) exposition of notions, and c) resolution of the problem using the provided notions. In the first sections the arguments for and against the hierarchy of rights are exposed, and is shown where the problem of hierarchization lies. Then, it's explained what comprises the hierarchy principle, its positive and negative functions, and its conditions and limits, defining the possible hierarchical criteria. Finally, in the last sections, it's checked whether the mentioned notions and criteria are applicable to the problem of rights and to other elements. After checking it, the conclusions are presented. [ABSTRACT FROM AUTHOR]