Abstract

GARZON BUENAVENTURA, Edgar Fabián. From nationalism towards comparative legal positivism. Rev. repub. [online]. 2020, n.29, pp.185-214.  Epub Feb 05, 2021. ISSN 1909-4450.  https://doi.org/10.21017/rev.repub.2020.v29.a93.

The foundation of a common legal and political space among the States finds the solution through diplomatic channel from the consensual settlement and the recognition of the other, which generates new the validity of the law's source. That is the apparent contradictions between the States. They are resolved by the construction of an international legal framework between them. The above supposes a mutation of the formal national dimension of methodological positivism directed towards a comparative legal positivism. This is the reflection of the triggering force emanating from International Criminal Law, Community Law, International Human Rights Law, among others. All these act as grounds for a new conceptualization of the sources of law between the authentic interpretation in the hands of the legislator rejecting normative pluralism and constitutional interpretation for the application of a responsibility international, giving a connotation towards a cosmopolitan and transnational right.

In effect, the long-standing discussion of International Law from the perspective of soft law has been overcome towards the faculty available to any citizen to file a petition or query about their cosmopolitan law as a result of the internationalization of the law that it has generated rules, new law, principles and precedents in the agora of public law for global justice.

Keywords : law; internationalization; globalization; hermeneutics; methodological positivism; human rights; hermeneutical analysis; legal norm; state; transnational.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )