The validity of the juridical systems: the theories of the basic norm
The validity of the juridical systems is one of the problems that juridical theory has dealt with more often. To approach it has been proposed a conception on a norm above all the other norms of juridical ordering, that has received the name of basic norm, supreme, fundamental, ultimate, etc, and th...
| Autor Principal: | Rodriguez Villabona, Andres |
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| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
University Santo Tomás, Bogotá
2016
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| Materias: | |
| Acceso en línea: |
http://revistas.usta.edu.co/index.php/viei/article/view/2911 |
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| Sumario: |
The validity of the juridical systems is one of the problems that juridical theory has dealt with more often. To approach it has been proposed a conception on a norm above all the other norms of juridical ordering, that has received the name of basic norm, supreme, fundamental, ultimate, etc, and that would build the ultimate criterion for validity and explain the unity of the system. In this way, the specific objective of this article is to examine the theories that explain the juridical character of the rules and the system proposing such basic norm. The first part of this work will be consecrated to the detailed and synthetic presentation of these theories, followed by a comparison to determine which are its contributions and its merits. An analysis from the critical point of view of the exposed theories in the first part will be the objective of the second part, an analysis that will be made from the texts of some authors who have worked on these theories. After having established the successes and reach of these critics, it will be possible to evaluate some ideas to take on the problem of the nature of law as a juridical system. |
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