Abstract

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.  https://doi.org/10.22187/rfd2020n49a13.

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.

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