Abstract

PABON ARRIETA, Juan Antonio  and  TORRES ARGUELLES, Alfredo. Legal interpretation for the strategic human rights litigation in Colombia. Justicia [online]. 2017, n.32, pp.227-242. ISSN 0124-7441.  https://doi.org/10.17081/just.22.32.2915.

Legal interpretation is an intellectual activity, which is why it is not considered as theoretical or as pure knowledge, rather a strategy which is defined by the obtained results. Also, legal interpretation is a work guided by particular interest of solving a case which requires a solution, so that the protection intended through rights shall be achieved and guaranteed by the State and the authorities for the benefit of those who fight for justice. The legal interpretation therefore is a spiritual work which aims to look for the ethical idea: the ethical virtue of justice in the material form. In other words, the legal interpretation should be guided not only by scientific and legal technique, but also by science of the spirit complexity, known as human sciences. A particular legal interpretation is considered as particular relevance because it takes place in the protection and guarantee of human rights. The legal interpretation in relation with human rights, is marked by the strategic mission of ensuring its protection, so it imposes to follow a set of values and universal principles with a particular normative power. A new hermeneutic of legal interpretation is the order of the day.

Keywords : Interpretation; Human rights; Strategic litigation.

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