Abstract

ESCOBAR MARTINEZ, Lina Marcela. Semantic argument in Colombian jurisprudence. A manifestation of Neoconstitutionality and positivism. Rev. Derecho [online]. 2009, n.32, pp.246-270. ISSN 0121-8697.

It has been traditionally held that the semantic interpretation of legal texts is the most remarkable expression of legal formalism. This article's purpose is to disprove such belief and to show that the argument in question is a tool, which has also been used by neoconstitutionalism (inclusively for judicial activism). In order to reach its objective, this essay presents significant examples of the use of the instrument in discussion by Colombian High Courts.

Keywords : legal argumentation; semantic interpretation; neoconstitutionalism; positivism.

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