共 11 条
The scientific treatment of jurisprudence. Models of jurisprudential analysis
被引:0
|作者:
Cifuentes Sandoval, German
[1
]
Stella Mantilla, Luz
[1
]
Rodriguez Suarez, Ingrid Vanessa
[1
]
Valencia Pachon, Dayahana
[1
]
机构:
[1] Univ Amazonia, Florencia, Colombia
来源:
关键词:
Jurisprudential analysis;
method;
sentence;
D O I:
10.17081/just.26.39.4627
中图分类号:
D9 [法律];
DF [法律];
学科分类号:
0301 ;
摘要:
The jurisprudence in Colombia is an auxiliary source of law, as enshrined in article 230 of the 1991 Political Constitution, becoming a fundamental factor through which all kinds of jurists try to understand the judicial spirit. Thus, from a judgement can result a summary, comment or analysis; being extremely necessary to know the different models of jurisprudential analysis that are handled, highlighting the methodology proposed by professor Diego Lopez Medina (2006), in his work El Derecho de los Jueces, which allows classifying the considerations of a judgement, both those that they are ratio decidendi as obiter dicta, which provide theoretical and empirical foundations that go hand in hand with the solution of the legal problem posed. Therefore, the objective of this article is to propose a reconstruction of the jurisprudential analysis method, together with the schematization of the ways to carry out this analysis, to finally provide various tools that contribute to its development. To thereby achieve the rapprochement of academics, students, professors and law professionals to the construction of jurisprudential analysis.
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页码:191 / 212
页数:22
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