SciELO - Scientific Electronic Library Online

 issue49The non-Common Residence: A New Connection Element in the Taxation of the Personal Income Tax? A Research Aimed at the Solutions Adopted in Portugal and SpainSpecial Guard against the Dismissal of People with Disabilities in Uruguay: Realization of the Principle of Progressivity author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand



Related links


Revista de la Facultad de Derecho

Print version ISSN 0797-8316On-line version ISSN 2301-0665


CALDERON ASTETE, Rodrigo  and  MARTINEZ MONTENEGRO, Isnel. Nature and Right. Think about the Real beyond Causation and Imputation. Rev. Fac. Der. [online]. 2020, n.49, e113.  Epub Nov 01, 2020. ISSN 0797-8316.

The modern paradigm has conceived nature in a relationship of disjunction, of separation between object and subject. The above was translated, in the legal model, into formalization and reification of social relations, which does not allow to appreciate the natural and social phenomena in their integrity. The advances in matters of international and constitutional law mean an advance, but they are not enough, since they maintain the methodology of conflict resolution by imputation and subsumption, which reiterates the reduction of the bio-psycho-social processes to the form. The holistic reality forces to create new methodologies to work in complex and unstable systems, which imposes the obligation to think another right.

Keywords : Nature; Formalization; Reification; Law; Causality; Imputation; Complexity.

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