Precedente - Revista Jurídica Vol. 12
URI permanente para esta colecciónhttp://hdl.handle.net/10906/82575
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Ítem Derecho y caricatura política: el constituyente primario de 1990 y el cambio constitucional de 1991(Universidad Icesi, 2018-01-01) Gil Guzmán, Diana PaolaThe present article adresses the debate between the constituent power in 1990 and the process of writing the new constitution of 1991 based on the Colombian political caricature produced from 1990 to 1991. Beforehand, reflections on the use of political caricature as a primary source for the study of law are presented, as well as the purposes that may be pursued with this method.Ítem El pragmatismo jurídico de Oliver Wendell Holmes Jr. y el Derecho como Sistema Social de Niklas Luhmann: un encuentro histórico(Universidad Icesi, 2018-01-01) Kühn, Vagner FelipeOliver W. Holmes Jr. and Niklas Luhmann present a relevant theoretical proximity and similarities in their life trajectories. To establish the reasons for not referring to legal pragmatism in the work of the German author and the elements of seemingly so dissociated theoretical perspectives are the object of this research. This proposal aims to promote a historical meeting of two theorists with indisputable importance for the philosophy and juridical sociology of the twentieth century.Ítem El primer panamericanismo: puente entre el derecho de gentes y el derecho internacional(Universidad Icesi, 2018-01-01) Castaño, Luis OcielThis essay provides a comprehensive and analytical look, devoid of traditional patriotic emotion which often accompanies the study of the initial page of the political annals of The Americas, one that is never finished, always under construction, and permanently relevant, as it relates to the attempt at the political (re)integration of Latin America. It deals with a specific juncture where the newly acquired independence of the territorial entities recently liberated from Spain was being timidly consolidated, as they entered the international arena, more than by force of arms by the circumstances of the moment, which precluded a turbulent and contradictory Spain from successfully reconquering much of its old overseas territories, as she was immersed in the assimilation of liberalism and ius political modernity at home.Ítem Tradición y cambio político en Provincia: Popayán, Nueva Granada y la redacción de la Constitución de 1814(Universidad Icesi, 2018-01-01) Guerrero García, Adolfo LeónBetween 1808 and 1816, that is to say, the time between the adjuration and disloyalty to the King of Spain; The deposition of the viceroyal authorities in New Granada and the reactivation of the Army of restoration or expeditionary of the King - the members of the cabildos in the main cities opposed to the continuity of the authority of Spain, writing a ten of texts, declarations of independence and constitutions in order to anchor a confederation of small states or new provincial governments and thus prevent the advance of the military recovery of the Kingdom by the expeditionaries and the resurgence of tyranny in the KingdomÍtem Enseñanza de la historia del derecho centrada en el aprendizaje de los estudiantes a lo largo de 115 años de la fundación de la cátedra (Chile, 1902)(Universidad Icesi, 2018-01-01) Palma, Eric Eduardo; Elgueta, María FranciscaThe article analyzes the ideas of Juan Antonio Iribarren and Aníbal Bascuñán Valdés (and, through these authors, the ideas of Valentín Letelier and Rafael Altamira y Crevea) on the teaching of the history of law, and the multifaceted conception of the history of law, and it demonstrates that the history of the discipline 115 years after the founding of the chair in Chile has had moments of didactic innovation based on the interest in student learning and the formation of a lawyer with a critical conscience. The presence of these proposals allows to sustain the potential of the chair for the training of the lawyer of the 21st centuryÍtem Régimen de las moratorias en las provincias argentinas de Salta (1825) y Tucumán (1861)(Universidad Icesi, 2018-01-01) Levaggi, AbelardoAmong the benefits of merchants, according to the Regulations of the Consulate of Bilbao from 1737, were waits and acquittances. The fraudulent bankruptcies were not included. The debtor could extrajudicially deal with creditors and then present to the judge or ask the judge that he would meet the creditors and thus deal with them. In both cases the majority decision could force the minority. This system was discussed after the independence. The reason was to protect honest merchants affected by war and other misfortunes, but also to avoid bad faith. The argentine province of Salta (also Buenos Aires and Tucumán) was an example of this situation.