Abstract

ROMAN, JAVIER ORLANDO AGUIRRE; MANTILLA, ANA PATRICIA PABON  and  BERNAL, IVETH PAOLA MORENO. Between Juridification and Deepening Social Democracy: Key Elements to Discuss the Conflicts Around the Rules of Coexistence within Educational Institutions and the Fundamental Rights of Students. Estud. Socio-Juríd [online]. 2020, vol.22, n.1, pp.391-415. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.7604.

The text addresses the debate about the definition of rules of coexistence and the ways of mediating conflicts between the different actors of the school system in Colombia. The analysis describes the tensions between legitimacy and democracy, on the one hand, and the autonomy of the institutions on the other. Our view develops Habermas' perspective on juridification and Bobbio's ideas about social democracy. The theoretical research follows the methodology of critical hermeneutics to present the results of the documentary analysis of the decisions of the Colombian jurisprudence on rules of school coexistence. All of the above allowed us to conclude that although there is indeed a real process of juridification, it has been a response to the weak social democracy that exists within educational institutions.

Keywords : Habermas; Bobbio; rules of coexistence; educational institutions; fundamental rights.

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