Abstract

MUNOZ GOMEZ, Luis Alberto  and  NINO HERNANDEZ, Fanny Patricia. Iusnaturalism in Colombian Law. Prolegómenos [online]. 2019, vol.22, n.44, pp.155-170. ISSN 0121-182X.  https://doi.org/10.18359/prole.4066.

The discussion between morality and law provokes debates and legal positions that translate into iuspositivist and iusnaturalist currents. As society evolves, these conceptions change and should be reflected in legal institutions. The general objective of the research is to determine the nature and function of iusnaturalism in Colombian legislation. Accordingly, it is necessary to resort to the qualitative model for the purpose of understanding, interpreting and describing; desk research is adopted as a technique and the matrix as an instrument, based on authors and rulings. This contributes to achieving the specific objectives proposed in relation to establishing the nature of iusnaturalism, its evolution, recognition and function in Colombian law. Using discourse analysis, it is concluded that the role of iusnaturalism in Colombia is precarious; therefore, the proposed corrective measure is to position it as a preferential positive principle.

Keywords : Philosophy of law; moral; humanism; principles; justice.

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