1. La concreción legal y jurisprudencial de la teoría del derecho natural de Javier Hervada: Algunas notas desde el derecho argentino, a partir del factor «tiempo».
- Author
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RABBI-BALDI CABANILLAS, Renato
- Subjects
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JURISPRUDENCE , *NATURAL law , *POSITIVE law , *JUSTICE administration - Abstract
Javier Hervada has been outlined for his research in natural law history; its theory and its application. The last two aspects become inseparable and lead to the following three functions of natural law: as a source of «positive» law or, more properly, «institutional » law; as a critical instance of positive law, and as an integral part of the juridical system. This paper deals with this last aspect for two reasons: it is the least well known in the field of comparative natural law theory, and it is where Hervada’s contribution is most innovate. For this purpose, a presentation will be made of the Hervada’s theory that there is a single juridical system, that is composed of natural «titles» and «measures» and positive «titles» and «measures»; then, within the first above-mentioned, it is considered one of its components or factors, «time», that recognized this integration of natural law in the juridical order and, also, the aforementioned duty to guarantee the material justice of the «Institutional» law. Finally, this notion is illustrated with legislative and jurisprudential cases of argentine law, although, the exercise is perfectly applied to any comparative juridical system. [ABSTRACT FROM AUTHOR]
- Published
- 2022
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