Abstract

RESTREPO PIMIENTA, Jorge Luis; CRUZ MAHECHA, Diego Enrique  and  FONSECA DELUQUE, Roberto de Jesus. The natural law in the political constitution of Colombia, a vision from the postulates of Javier Hervada. Rev. repub. [online]. 2022, n.32, pp.237-254.  Epub Sep 19, 2022. ISSN 1909-4450.  https://doi.org/10.21017/rev.repub.2022.v32.a125.

The thematic plurality and the prolixity of the texts and acknowledgments that are integrated into the Political Constitution of Colombia of 1991 allow it to be studied and considered from different perspectives and criteria, both doctrinal and argumentative. On this occasion, we will proceed to demarcate those features of the constitutional text that allow us to highlight its correlation with the postulates that, regarding the theory of natural law, Javier Hervada has established. To achieve this objective, the criteria of a dialogical methodology will be used, through which it is possible to establish a kind of conversation between the constitutional texts and the postulates that Hervada expresses, which are typical of the so-called natural law.

The method used in this research does not deviate from the methodology that will be used, since it corresponds to the dialogical criteria between texts, which will allow the construction of conceptual reasoning that denotes the conceptual identity between the Constitutional Charter and the principles of law. natural, expressed in the work of Hervada.

With this paper we intend to address a conceptual problem that demands that the relationship of the criteria of a conceptual aspect of Law, such as Natural Law, be clarified from a theoretical perspective, with an apparently neutral text, in terms of what that it refers to its ideological source, such as the Political Constitution of Colombia, which in its practical development, and more in the evolution, which the judiciary has given it, has been valued from the criteria of legal positivism, of legal realism, and even from the orbit of ius-naturalism.

Keywords : natural law; human dignity; social rule of law.

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