(Universidad Icesi, 2013-07-01) Jaramillo Rojas, Carlos Alberto
The main purpose of this paper is to demonstrate that the Colombian Constitutional
Court confuses the interpretation of the concept of free development of personality
with the one of negative freedom, as the thinking of Thomas Hobbes lies behind its argument. If he Court would base its judgments on the conception of freedom, developed
by John Stuart Mill, the inference would be different, as this concept seems to adapt
with the view of free development of personality under the assumptions of a Social and
Democratic State of Law grounded on the fundamentals of human dignity.
