3 resultados para Philosophy of law and right

em Universidad del Rosario, Colombia


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The aim of this work is to recover Henri Lefèbvre's methodological contributions for (re)thinking the right to the city, based on the need to know the appropriation of space´s dialectical triad. Empirically, it refers to the urban genesis of Mar del Plata (Argentina), an intermediate Latin American city, and its heterogeneous socio-territorial forms of appropriating inhabitance, or different forms of appropriating goods of use, that lead to think about opening to the transformation of the capitalist social order, and of its urban order, naturalized after the fetischism of private property.

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The themes of this paper are equality, reasonableness and gender rights in the dynamics of two sequential and convergent processes: the constitutionalization of judicial law, and the internationalization of constitutional law. The thesis of this paper is that in the face of non-compliance of the obligation to regulate, guarantee and protect gender rights, the best option has been to strengthen judicial law, which has enabled the development of rules for protection, the adoption of contemporary methods of interpretation and adjudication of the law, as well as the resolution of shortfalls in protection based on said processes of the constitutionalization and internationalization of local law.

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This article seeks to demonstrate how Law inter-related with Economy, constitutes in modern societies one of the main instruments for the construction of citizen consensus or the construction of political hegemony in modern societies. If we consider this affirmation —as is argued here— the transformations suffered in recent decades by Law as a consequence of the new phase of capitalistic globalization, have played an important role in the constitution of a new subjectivity (“single thought”) in the population.