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Latin American legal criticism in the strict sense: from invisibility to its consideration in uruguayan academic legal writing

By Luis Meliante Garcé


<p>This paper sets forth a critical vision of Law, only shared by a minority in Uruguay. The struggle of Critical Theories of Law to be recognized as an alternative model in a General Theory of Law and Philosophy scenario, signed by a confluence of “iusnaturalism” and “uspositivism” (in all their aspects), and preeminent explicitly or implicitly in legal thought, is a perfectly appropriate and even healthy effort, as it expands predictably to the dogmatic field. The acceptance of a possible dialogue, in terms of reasonable equality, is good for Law. Legal Criticism, understood literally as it is explained in this paper, focuses mainly on the pre- eminent consideration, aspects and issues as relationships, that have been neglected or at least regarded as secondary in the opinion of Uruguayan Law Theory, especially in the Dogmatic field. Furthermore, with the inclusion in this paper of the significance of searching certain disruptions in the educational model, and also a detailed examination of the constitutionalization process of Law, it can be concluded, unless opacity prevails, that several debates will need to be opened, as they are healthy and urgently needed.</p

Topics: teoría crítica, enseñanza, sujeto, constitucionalización, teoría del derecho, filosofía del derecho, Habermas, Jürgen, Law in general. Comparative and uniform law. Jurisprudence, K1-7720, Social sciences (General), H1-99
Publisher: Facultad de Derecho
Year: 2014
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