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The purpose of this paper is to show the conceptual relationship between the logical philosophical principle of Sufficient Reason and the legal concept of Sound Criticism. For this purpose, in the first instance the reader will be able to find a section where the concept of logic, its constituent elements and its contemporary definition will be addressed; Subsequently, the text will deal with the notion of logic as an adequate tool in the exercise of motivation of sentences by the judicial operator; then, you can find a brief definition and explanation of the most used logical-philosophical principles, namely, the principle of non-contradiction, the principle of identity, the principle of excluded middle. Next, the text will offer a chapter on the historicity of the principle of sufficient reason, where a tracing of classical, pre-Aristotelian notions will be carried out, until reaching the definitions offered in modernity by Leibniz and Schopenhauer. Finally, the reader will be able to find a trace of the notion of Sound Criticism from the 19th century to the current General Code of the Colombian Process. Finally, the relationship between the Principle of Sufficient Reason and the legal notion of Sound Criticism will be shown by means of what is dated in the sentence T-458 of 2007 of the Constitutional Court. [ABSTRACT FROM AUTHOR]

Today more than ever, the Herculean task of designing a democratic state capable of dealing with the complex contemporary social fabric and the subjectivities that comprise it is presented. The purpose of this paper is to analyze the federal republican representative form of government from a dynamic perspective. In this way, the value of the federal system as a regulatory model will be postulated as a basal intuition insofar as it allows the strengthening of a radical democratic republican ideal through the adequate correlation of the internal sociodemographic forces of the modern national state. Thus, it is intended to make a contribution in the deliberation for the best constitutional design to respond to the demands that the new social phenomena present and thus strengthen the republican democratic system of government. [ABSTRACT FROM AUTHOR]

In the present paper, through the interpretation and analysis of the information obtained on the labor market, we seek to find explanations for political and social situations from the implementation of the neoliberal opening model that affects about 60% of Colombian workers. This will allow us to find the answers to the real consequences that emanate from the regressive legislation on labor and social security that has been prevailing in recent years in Colombia. To achieve the objective, it is necessary to go to normative and theoretical sources referring to labor matters and secondary sources such as ILO documents, DANE and the Ministry of Labor, magazines, national and international papers and other documents emanating from different levels With the subject of study that in one way or another affects the Colombian working class, resulting in precariousness in the hiring of labor. According to the study, supported by statistical data that allow to make an empirical reading, it will be possible to find the true causes of a social problem that can be inoculated in Colombia that directly affect the quality of life of the worker and the general welfare. [ABSTRACT FROM AUTHOR]

This paper addresses the convergences and divergences between bioethics and biolaw. Bioethics and biolaw are normative discourses that give reasons for action, whose particularity consists in necessarily interacting with other disciplines and social practices at the time of their elaboration and application, and especially with life sciences and related technologies. Both terms are constructed with the prefix bio, which points to the common field of application of each of these normative disciplines. With bio, life sciences are included in these terms, as well as biomedical and clinical research, their technological applications, and the practice of medicine through these new technologies. It will be shown that the relationship between bioethics and biolaw is still an area to explore, due to the complexities of their scope of application, which invites us to rethink the traditional discussion about the relationship between ethics and law. [ABSTRACT FROM AUTHOR]

The approach of law to science and technology's conflicts is not an easy task. Its answers to the problem have often been to assume the emerging social relations, to regulate normatively or to recognize judicially those relations as well as to introduce new axiological principles through their own normative (ie, legal or judicial, in terms of the structure of the various legal systems). This phenomenon has been more exceptional and usually comes from a bioethical reflection. Much has been written about the concept of bioethics and its incardination within applied ethics. However, very little progress has been made in shaping biolaw as a legal discipline. At most, it has been assumed as a mere terminological update of the classic term "medical law" or "sanitary law", even without distinguishing well both concepts from each other. However, biolaw is more than that, and so it must be understood. It does not correspond solely and exclusively to the set of norms dealing with issues related to the life sciences, but it goes further. Thus, this paper is a proposal for the foundation of biolaw as an autonomous juridical discipline. [ABSTRACT FROM AUTHOR]

The main goal of this article is to discuss the epistemological and practical features of the basic ethical principles in European bioethics and biolaw as a result of a relevant project supported by the European Commission between 1995 and 1998. That project was based on cooperation between 22 partners coming from most EU countries. Its aim was to identify the ethical principles relating to autonomy, dignity, integrity and vulnerability as four important ideas or values for European bioethics and biolaw. In this paper it will be showed how the author reaches the conclusion that the basic ethical principles cannot be understood as universal, everlasting ideas or transcendental truths but they rather function as "reflective guidelines", and important traditional values in European culture. [ABSTRACT FROM AUTHOR]

One of the most important tasks of European Council was to engender responses to regulate different biomedical practices as they were arising and developing. Thus, the European Council regulated, for instance, the juridical status of blood products as well as organs and tissues for transplantation and grafting, respectively. However, it was not easy to establish a European policy to foster a law armonized with new demands and challenges of biomedical advances, without a general juridical framework that would allow us to move forward into a communitarian regulation. In this scenario, the European Community sought to identify and define specific norms to recognize certain founding principles of European Biolaw, which should be understood as a law for establishing limits for scientific and biotechnological practices, and defining a human identity. This paper examines thoses principles and their utility for regulation as well as their contribution to consolidate biolaw as a discipline in Europe. [ABSTRACT FROM AUTHOR]

The four principles of biomedical ethics are widely used in the world for bioethical deliberation. Therefore, it is understood that these theoretical guides are useful for the analysis and resolution of particularly complex ethical controversies arising in clinical and biomedical fields. This paper unfolds an analysis of the basic universal principles, the common universal morality, and some features of each principle. Then it discusses some problems posed by critics of European biolaw who have provided alternative frameworks of principles that are nonuniversal to culture. Finally, it shows how universal moral principles are connected to human rights, how rules and rights are specified to become detailed and practical for certain moralities, and how these ideas are connected with problems of justification in bioethics and biolaw. [ABSTRACT FROM AUTHOR]

This paper, arises as a result of one of the chapters of the master's thesis in private law, held at the University Santo Tomas in the city of Tunja, where I managed to conclude that commercial companies are legally similar to horizontal properties, to be able to apply a solution of this last regime of property to the regime of the corporations. In this chapter it is indicated that the solutions of one and another social regime are applicable to them, therefore they also succumb to the same fallacies of legal order, when some of their elements of existence, effectiveness and opposability are not present, thus the societies are deformed legally in de facto companies when any of these elements disappears or is not renewed or not remedied, converting the responsibility of limited order to an unlimited and joint liability, a legal reality that can be preached within horizontal properties with the same catastrophic effects for co-owners-partners, having the only difference in that in these occurs with the phenomenon called communities of goods and not de facto society. *What generates among the co-owner's responsibilities, no longer up to the amount of their contributions -including coefficients of co-ownership- but already in a solidary and unlimited manner. The research methodology used is the comparative documentary, taking as a macro conceptual framework the Colombian commercial code and Law 675 of 2001; The objective found was to demonstrate the risk and responsibility, which have the management councils of the P.h. and the legal representative or administrator, when by carelessness or negligence they do not comply with the annual obligations of registration and holding of assemblies. [ABSTRACT FROM AUTHOR]

This paper determines the main characteristics of the pledge analyzing constitutionality judgments made in respect of Article 206 of the General Procedural Code; specified the nature of the institution as a requirement of the claim and the plea, as a piece of evidence, as a parameter for imposing sanctions, and establishes its relation with the principle of congruence; the requirements of the pledge; scenarios of application in civil law; and finally alludes to the sanctions and the possibilities of interpretation around its imposition and quantification, in order to establish how the sanction should be quantified under the principle of favorability. [ABSTRACT FROM AUTHOR]

This papers explores the economic implications of immigration in Chile and how this country has tolerated and assimilated this phenomenon in a paradigmatic way in the region, a situation that is divergent with the anachronistic legislation and legal framework on migration in that country. The aforementioned causes harmful effe cts that, beyond the economic bounty and unquestionable capacity of Chile to tolerate large migratory volumes, point to a dangerous precedent for public migration policy, especially in the case of Haitian immigrants, which is contradictory with humanitarian criteria present in international instruments to which Chile has adhered. In this context, the article demonstrates how the chances of working for the most vulnerable migrant groups, contrary to what is thought in the intemational arena, have decreased, in many cases, due to differences in the demographic characteristics of immigrants and factors linked to xenophobia, social discrimination, and discrimination in the labor market, among others. Finally, it is recommended to reevaluate and update the current legislation on migration in Chile, so that, without prejudice to its ability to assimilate migration, that country implements immigration policies that, in opposition to what the current Govemment of Chile is deploying, keep in tune with juridical and constitutional principies, local and intemational, that protect the migrant worker and his family. [ABSTRACT FROM AUTHOR]

Colombian society is in the process of transitioning to a period called "postconflict" or "post-agreement" because of the signing of the peace agreement with the Fuerzas Armadas Revolucionarias de Colombia - FARC. This situation represents a challenge for all disciplines, especially the social sciences, in coordinating effo rts to guarantee peace. Among these challenges is the reconstruction of the social fabric through processes of forgiveness and reconciliation as pillars in the consolidation of a just and peaceful society. In this sense, the present paper aims to give a conceptual approach to these two constructs, as well as sorne methodological considerations that can be useful in this process of social reconstruction. [ABSTRACT FROM AUTHOR]

This paper aims to make a critica! and reconstructive in nature study, scope and setbacks, the virtues and the intrinsic characteristics of guardianship action, examined from its neat and paradigmatic dimensions. It also reflects its substantive contingencies and polysemic difficulties concentrated in its essence and effe ctiveness, presenting the model of protection of the most important in the history of our constitutionalism fundamental rights. In this fashion, it raises their significance and legal impact, hermeneutic and socio-political concentrating Guardianship at its highest expressions, thus proceeding to address and boldly present an extension of protection to the character that this mechanism offe rs and claims. [ABSTRACT FROM AUTHOR]

This paper, from the Philosophy of Law, aims to glimpse the standard and values plexus converge in today's communities, these being inclusive sources, always used to establish the common good and peace so desired. Today, through this writing, are presented in the light of the Colombian reality some shortcomings and virtues that drench the current legal reality, and consequently the atrocities that have suffered our country, especially when it is a few days of signing a settlement agreement. This paper seeks to clarify the context involving Crimes against Humanity, its configuration and the both study and Political Ethics. To this, it is important to emphasize the analysis of the Rome Statute, putting this law (which we are so attached constitutionality) to the crucible of debate Dogmatic Penal, Criminology and Criminal Axiological or Statesman. [ABSTRACT FROM AUTHOR]

This paper highlights the interdependence between public and private contexts of relationship, which is evident in the normalization of violence as a means of resolving conflicts. This normalization is the result of a history characterized by armed confrontations, especially since the establishment of guerrilla and paramilitary organizations in the country. In parallel to this normalization, it found the consolidation of gender imaginary that relegate women to a position of victim or sexual object, this is reflected in the actions of the fighters, both in actions taken in the context of the confrontation, as is those developed after the surrender of weapons. Against this background, this paper presents the need to consider such imaginary gender, especially those individuals whose notions of thought were shaped by their membership in a military organization, taking into account the possible post-conflict scenario and therefore the output of the war hundreds of men and women combatants; this to prevente violence against women, specifically acts of femicide. In this sense, the formulation of strategies for the prevention and eradication of violence against women should consider not only punitive measures, as the recent Act 1671, but also the reconstruction of the structures of thought that support such violence [ABSTRACT FROM AUTHOR]

The purpose of the present paper is to identify the evolution of the protection of the rights of boys, girls and adolescents, victims of sexual assault in Colombia, the study focuses on a holistic view from the criminal law. To this end, a review of data published by the National Institute of Forensic Medicine and Forensic Sciences is carried out and they are crossed with the dates of the enactment of substantive and procedural rules in favor of the rights of children and adolescents in order to identify the impact in the decrease and / or increase of the crime and show how the aggressor's rights to said special protection are subject. [ABSTRACT FROM AUTHOR]

This paper aims to comment the main changes operated in the Spanish public legal system from the Dictator Francisco Franco's death to the adoption of the Constitution of 1978. In this way, the measures adopted by the Government of President Adolfo Suarez regarding the legalization of political parties and amnesty, as well as the implications of Law 1/1977, of 4January, for the Political Reform, and the contents of the Spanish Constitution that respond to the peculiar situation in which its elaboration took place, are analyzed after specifying the main characteristics of the referred period from a historical perspective. [ABSTRACT FROM AUTHOR]

The current paper evaluates the interpretation that the realistic and idealistic school carries out to the transitional justice (JT) in societies with internal problems. As a case study, this developed the application of the model justice for peace in the Salvador from the Chapultepec agreement approval in 1992. A comparison between the Positivist and Realistic schools is presented at the beginning, in regards to the law conception, in order to relate the contributions that the realism school (North American and Scandinavian School) do to the legal theory. The article's main core describes the impunity to the perpetrated in the last twenty-five years, due to General law approval amnesty, that the legislative assembly does in 1993, as a response to the National reconciliation in 1992 that only benefited to the fighter of guerrilla group. Finally, after two decades later of implementing the JT, the constitutional chamber of the Salvador failed the General amnesty law unenforceability, affecting the peace negotiating parties, due to they should respond by against humanity crimes and HH. RR violation carried out between 1 Jun 1989 and 16 January 1992. [ABSTRACT FROM AUTHOR]

Through this paper the criminal mediation is described as a presentation of restorative justice in the United States and Germany. In the North American system, the principle of opportunity is the most important, as a result, the prosecutor can dispose of the accusation in case the author and the victim achieve an agreement of reparation. However, the German law regulates the principle of legality and only some exceptions are regulated where the intervention result can influence in the punish or in the process. The previous explains that while in the first legal system the use of the extrajudicial procedure is very broad, the second has a very limited application. [ABSTRACT FROM AUTHOR]

The current paper attempts to show the results of a comparative research about the constitutional control in France and in Colombia. Our research was conducted under the legal analysis Method, having as a support the state of the art, doctrinal texts about theory, history and constitutional control. Finally, the main purpose is to show the authority constitutional control's abstract dynamics, which means, how the doctrine conceives that the functions of the responsible is to defend the constitutional supremacy and how is this applied by the conscientious institutions, to avoid a simple similar comparison or a precedent without concatenation exhibition [ABSTRACT FROM AUTHOR]

The constitutionalization has brought new theories itself of interpretation aimed at the recognition and materialization of the constitutional justice concept established v.gr. The living tree theory, of the antiformalist school of law; Theory that supposes a dichotomy, as it considers that "(...) in relation to the books (or civil codes) there is a new dichotomy that emerges from the social practices and it is applied from the interpretation of the authorized authority. This theory has been developed by the dogma and by the specialized courts, especially in the situations in which those opposite interpretations about a same assumption derived from the judicial practice of the Supreme Court with the purpose of pacifying the stances and adopt die proper interpretation that fits into the social dynamic of the historical movement; interpretation which is a mandatory model (in the beginning) the acceptance from lower status judges in virtue of the leading figures such us the binding judicial precedent. The current paper has the main purpose of providing a theoretical and conceptual background regarding the living tree theory from the doctrine, the judicial Italian system (whose contributions have been valuable to the concept development) and especially to the jurisprudence of the Colombian Supreme Court, authority that in the last years has developed an enriched jurisprudential line in front of the requirements to make the concept draft and it can be eventually valued inside of a constitutional trial. [ABSTRACT FROM AUTHOR]

In this research article I examined two tales by Isaac Asimov, namely: What is the human being? and the bicentennial human being. What I am working toward is two purposes in this paper. Firstly, to show the enriching link that exists between literature and moral philosophy. Secondly, from the two tales mentioned above, I wonder if some specific types of robots might have moral rights. The methodology I used to respond to both purposes is referring to "conceptual analysis" from the analytical philosophy. The result I am expecting is the conclusion that some types of robots, under certain theoretical conditions might aspire to have moral rights. [ABSTRACT FROM AUTHOR]

This paper examines the United States case law behavior with the Communications Decency Act, in the middle of nineties to the promulgation of the Digital Millennium Copyright Act, and its legacy, in order to put it in relation with the infringements on the Internet and the cases. We also contrast the origins of the ISP liability on Directive 2000/31/EC in the timeline proposed. In addition, we analyze circumstances related to the communications and cultural industries, as key elements in the Regulation of Internet. [ABSTRACT FROM AUTHOR]

The recognition of human rights of the indigenous communities has been recently achieved. The Inter-American Court of Human Rights shows to be the regional court that has been more deeply and widely concerned with this issue handling the cases studied in this paper. In these cases the indigenous communities have claimed rights as a group. Thus, the Court has built an extensive and very protectionist doctrine, especially on the right to communal property of the ancestral lands, on the right to judicial guarantees and on the right to life. [ABSTRACT FROM AUTHOR]

This paper reviews and investigates the analysis that exists in the construction of citizenship through popular education, leading to enhance opportunities for citizen participation through mass recognition of institutions designed to control the activity of their representatives as well as the legal tools to visualize their participatory action, both through direct and face exercise as interactive media. [ABSTRACT FROM AUTHOR]

This paper aims to determine the causes and consequences of a public official in Colombia, especially the security forces, in the granting of an order or decision in the exercise of their functions. It's about finding a key position within the constitutional and legal level on criminal and disciplinary action. Individual responsibility in law enforcement has become the subject of a detailed analysis in the Colombian state, arduous and difficult task that has faced the human being, especially the commanders and heads of units providing orders, for all his regulatory, legal, international and national - complex, individual responsibility for the control aims for the clarification of facts which violate the human rights of victims of them, looking for a penalty to those who have broken the rules, convinced that within his actions incur no grounds for criminal or disciplinary liability. Both the world and in Colombia the rules of war and those governing conflicts impose the high command of the armed forces, the duty to make decisions that are constitutionally and legally implemented, allowing you to keep under subordination to a group of dependents, in order to prevent violent acts that violate the legal rights of persons within the jurisdiction in which they are assigned. This individual responsibility for control has its origins in the world from the First and Second World War, with the establishment of the Ad Hoc Tribunals for Nuremberg, Tokyo, Ruanda and former Yugoslavia, where these arise criminal courts to investigate and punish those responsible for the crimes occurred in war. Today not only is criminally responsible within the institutions that make up the security forces, but it is also disciplinary, it is precisely the study of this analysis addresses the issue from two perspectives, that the Colombian state, the two procedures arise and none is excluded each other, otherwise the one complements the other. While in the penal system, penalties are imposed, the disciplinary sanctioned until the dismissal of the staff, which leads to loss of office. This is to make the study of individual responsibility or liability of the superior officers of the security forces of the Colombian state. [ABSTRACT FROM AUTHOR]

The work is complex, it has many and careful dimensions: economic, legal, moral, ethic, psychologic, social and human. Work is necessary for the social and economic development. In this paper we speak about the economic and enterprise work dimensions and the relationship with the current Colombian Labor Law. [ABSTRACT FROM AUTHOR]

During the last few years knowledge management has been strengthen in those organizations interested in creating competitive advantage in the identification and correct application of the knowledge they generate. The study of knowledge management has been extended into the social, cultural, economic, administrative, and scientific areas resulting in numerous models that have been used in both public and private companies, which have provided useful empirical evidence to further advance its study. In this paper we review some of the many models that have emerged as more scholars research the topic and present some classifications proposed by these researchers. The body of theory about knowledge management is growing, thus we leave this study open to continue to inquire into this matter. [ABSTRACT FROM AUTHOR]

This paper presents a personal reflection on the role of non-human animals in relationships with men. In this sense, it seeks to identify some religious, legal and philosophical perspectives that allow to account for such relations; Thus, it is discussed from some moral and ethical arguments whether the inclusion of non-human animals in the legal field as true bearers of law while suffering beings is possible. As mentioned, the fundamental idea is in principle determine the role of animals within a positivized state legally, later to establish the existence of ethical and moral principles that govern man's relationship with animals and finally, account of the importance of animal protection organizations and their impact on the construction of legal provisions in the context of their legal protection. So, the importance of this issue lies in the philosophical ius discussion of the special status of animals in relation to a policy framework and the use of the same man in research and scientific advances, so that the essence theme reflects the interest aroused by the paradigm between progress, law and philosophy and bills seeking the criminalization of animal abuse. In this vein, it is part of the following questions: Do animals suffer? If so, does it have consciousness? What religion and philosophy say? and what is the role they play in the legislation and the concept of law as things or mere property? [ABSTRACT FROM AUTHOR]

This paper refers to the violation of human rights in the Islamic state. It starts from the analysis of the socio-cultural and religious paradigms that show the people who belong to the Islamic jihad and that shows today some concern in the world given that these radical leaders have organized religious movement that pretends to organize the Islamic state to extend westward the guidelines of Islam; this group has already beheaded mercilessly journalists and Americans, French and English. Given this sample of religious and political fanaticism that violates human rights, the countries involved have decided to address them through targeted bombings that weaken its military and economic infrastructure. [ABSTRACT FROM AUTHOR]

The constitutionalization of law has brought the gradual "abandonment" of the rules as the only valid source for the resolution of specific situations (especially in the higher courts) accepting the principles and criteria above which meet when settling disputes; This paradigm shift has gestated problems such as incompatibility of principles in solving a particular case, whatever their open texture does not clearly define the scope thereof, which is why we have made use of the weighting as a suitable tool for determining the principle applicable in every situation in response to the mandates of the alleged higher standard. This paper aims to analyze a sentence, in which the principles identified in collision and through the balancing exercise is determined by a sense of failure in either direction as the dominant principle that is applicable to it. [ABSTRACT FROM AUTHOR]

This paper aims, to determine the incidence of the current Labor System woman in role performance as a mother within the family, especially childcare. The object of study is reflective - interpretive, through which a constructive broad perspective, analytical, critical and presents; on women in the current labor system, and performance of role of mother. Is discussed at length the impact on the family, especially for children and the mother, the current labor policy, particularly on the performance and development of daily activities. The model of family and cultural transformation processes is defined by diversity, the family is no longer the core of society. The current working conditions, more specifically public policy in Colombia, do not allow women to have enough for the upbringing and education of children time, causing many social problems that children suffer at the stage of adolescence such as the drug abuse, unwanted pregnancies; alcoholism, eating disorders, armed groups, antisocial disorders, among others. [ABSTRACT FROM AUTHOR]