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Los nuevos derechos humanos: la última degradación del hombre
Translator Julio Alvear Téllez, Los nuevos derechos humanos: la última degradación del hombre, Madrid, Marcial Pons, 2025
Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
Translator
The misalignment between judicial and administrative jurisprudence
In this article we studie the problem of misalignment between judicial and administrative jurisprudence based on “dictamen” E561358-2024 of the “Contraloría General de la República”, which is used as an analytical model.
This article addresses the legal foundations of Spanish forestry policy from the mid-18th century to the beginning of the 21st century. It highlights how modern thinking has opened up a huge gap in this area. For the reader, the broad historical perspective offered here will help him to understand the reasons for the fundamental trends in current forestry policy and the root of its difficulties, although a host of nuances can undoubtedly be added to this perspective. The history composed here does not contradict other forestry histories, it does not contradict them, it only complements them.
The postmodern evolution of "human rights"
We intend to examine the conceptual and practical evolution of human rights in a postmodern key, emphasizing their substantial continuity with the rationalist foundations of modernity. Based on negative liberty as the core, it shows how so-called “new rights” are a logical radicalization of the liberal modern project. The analysis reveals how this evolution has led to the dissolution of the classical political order, the denaturalization of law as a standard of justice, and the transformation of the state into a mere executor of individual claims. Finally, it critically evaluates reactions from conservative or nationalist perspectives, highlighting their limitations due to shared foundational principles with the postmodern phenomenon they seek to resist.
A critical evaluation of Pope Francis' magisterium on the death penalty
During his pontificate, Francis tried to modify the Church’s traditional teaching on the death penalty. According to the traditional teaching, the death penalty is licit in principle. Francis, however, affirmed that it is inadmissible, and ordered a new formulation of the Catechism on the subject to be made. In this paper, we set out what the Pope taught on the death penalty, the reasons he gave for its supposed unlawfulness, and we subject these reasons to critical evaluation. We conclude that none of the reasons given by the Pope are convincing, so that a Catholic must adhere to the traditional doctrine on the licitness of the death penalty.
Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
Miguel Ayuso Torres y Camilo Noguera Pardo (eds.)
This work reviews and comments on a case about selling a supposedly haunted house. The buyer requested the rescission of the contract, claiming that the seller kept silent about the “reputation” of the house. The Second Instance Court, ruling equitably, granted the plaintiff’s plea arguing that the seller must disclose relevant information related to the house, i.e., the reputation of being haunted.
Jean-Marie Le Pen was the most prominent representative of the French nationalist right abaut 70 years. His figure was peppered with controversies on topics such as the Holocaust or immigration. It cannot be said that he was an ideologue, but he was a born leader who knew how to take his formation from marginality to the doors of the Palais de l'Élysée.
The paralysis of the financing mechanism for strategic defence capabilities through the budget law
This article argues that the financing of strategic capabilities designed by Law No. 21,174, essential for strengthening the war potential, has been undermined through the use of the Budget Law, affecting the constitution of the Multiannual Fund for Strategic Defense Capabilities, at least until 2024, and the Strategic Contingency Fund for this year 2025, which could impact the efficiency to adequately confront traditional threats, hybrid threats, and new multidimensional threats to security.
Multiannual Fund for Strategic Defense Capabilities
Affirmative actions in college admissions
In 2023, the Supreme Court of the United States issued the ruling in the case of Students for Fair Admission Inc. v. President and Fellow of Harvard College, which annulled the Regents of the University of California v. Bakke, Grutter v. Grolling and Fisher v. University of Texas rulings, which had declared that affirmative action policies in the student selection processes based on their belonging to certain races were not against the Constitution. The objective of this article is to analyze the most relevant aspects of the judicial ruling and carry out a critical analysis of the projections it may have in the future, especially with regard to how we understand the right to equality before the law.
The concept of corrective function of the good faith and its reception by the chilean jurisprudence
This paper aims to explain the concept of good faith in its corrective function in the field of Private Law and how it has been reflected in the jurisprudence of the Higher Courts of Justice. First, a brief doctrinal summary is presented on the subject of contractual good faith as a general principle of Law, with emphasis on Chilean Law, analyzing the functions that good faith fulfills and highlighting the corrective function. Next, good faith is studied in its corrective function from the Aristotelian tradition of commutative justice and how it has been reflected in Comparative Law. A jurisprudential section is included to critically analyze the main sentences that have reflected and applied this function of good faith in recent years. The methodology consists of the analysis and study of the doctrine and the relevant sentences in the matter.
Symbolized in the opening ceremony of the Paris 2024 Olympic Games, calling for the decapitation of the “ancien régime,” the abolition of the mille- nnia-old tri-estate regime brought about by the 1789 Revolution and its subsequent applications has not, however, resulted in the complete and definitive elimination of the respective legal statutes or “privileges”. The pre-eminence of the ethos of the people or the Third Estate, and its chrematistic drift, characteristic of Modernity, are compounded by profound questions from other strata; some seeking to consummate the revolution and others seeking to save their own status. This cleavage is the backdrop against which many tensions are projected in current political and institutional legislation.
Estate Factor, trifunctional structure of the State, Western pu- blic law, French Revolution
Perfiles filosóficos. Hombre, sociedad y derecho en el pensamiento contemporáneo
José María Carabante, Perfiles filosóficos. Hombre, sociedad y derecho en el pensamiento contemporáneo, Pamplona, Aranzadi, 2022, 128 pp.
Copyright (c) 2024 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
Is a reasonable interpretation of “non-sexist education” possible?
The role of the subsidiary State and the supposed negative externalities
He purpose of the article is to highlight the importance of subsidiarity as a factor of economic and social development and the need for its application as an alternative to political ideologies based on the denial of freedoms and the indiscriminate strengthening of State power (v. gr. Marxist socialism), as well as those that exacerbate the enjoyment of freedoms to the detriment of social justice (v. gr. individualist liberalism). In this area, an attempt is made to deactivate the negative externalities attributed to subsidiarity. An attempt is made to deactivate the negative externalities attributed to it, especially by conceptions that are located on the left of the political spectrum and seek to re-found the State.
Extradition and General Principles of International Law
This work examines a 19th-century judgment on extradition. Domestic case law is a relevant source for understanding how international law and extradition worked at that time. Additionally, it analyzes the notions of general legal principles and reciprocity as essential concepts of the international legal system.
Utopian or dystopian scenarios in digital perspective
The history of civilization reflects the evolution of human culture, characterized by surprising transformations. Currently, we find ourselves in a ‘post-technical’ period, linked to postmodernity. The interaction between humans and technology has given rise to a new form of artifactality, marked by artificial intelligence, which redefines our techno-scientific era. We are moving toward transhuman and posthuman realities, seeking to develop general artificial intelligence that will impact contemporary legal discourse. Current legal systems are designed for an analog world and may face a crisis when coexisting with entities of artificial intelligence. Transhumanism challenges legal science through NBIC technologies aimed at enhancing humanity. Additionally, the creation of intelligent machines or “non-things” is changing our social interactions. If these “nonthings” acquire human-like characteristics, we could see a significant shift in our conception of humanity and social relationships.
The concept of natural law in Francisco de Vitoria’s Relection of the Law of War
There have been many approaches to the work of Francisco de Vitoria. From a variety of perspectives, Vitoria is often interpreted (regardless of the specific issue) as a precursor of modern juridical-political science, inspired by rationalism. His contributions to the field of natural law are no exception. By examining the law of war, a topic specifically addressed by the author, we will tackle the inaccuracies and abuses surrounding this issue, which arise from adopting rationalist natural law and thus abandoning Hispanic natural law, an indispensable interpretative key for our study.
History of political and legal institutions
"Principio pro consumidor y extensión de su protección"
Mauricio Tapia, Principio pro consumidor y extensión de su protección, Santiago, Rubicón, 2023, 811 pp.
The purpose of this work is to analyze and explain in a clear and simple way, what a Bando is, what is its legal or regulatory range, who can dictate them, under what circumstances, who it affects and how it operates once published and entered into force.
Studies on political and legal institutions
Studies on political and administrative institutions
Constitutional and administrative law studies
Downtown of liberal-radical theory? A evidence in the politica-legal field after the Covid-19 pandemic
The new rights are considered self-sufficient, that is, they reject any transcendent foundation. But they are nothing more than voluntaristic claims, that is, more or less defined desires, which aim to be involved in the formal structures of the legal system. They cause, regarding the Covid-19 pandemic, a series of legal, political, moral, operational and financial difficulties.
Principles of public law in chilean constitutionalism
This is the introduction to a more extensive work on the origin, content, and application of some of the most important general principles of public law recognized by the Western legal order. In the case of Chile, it highlights the constitutionalization in 1980 (among others) of the principles of legality and serviceability of the State in supreme and basilar norms that "bind" directly and immediately. In the face of dispersed and disorderly legislation, such as administrative legislation, the application of these principles by the Constitution is reinforced, either in their classic binding or cohesive role regarding the interpretation and integration of the laws or in their inspirational role, referring to the issuance of new laws based on them and the abrogation of those norms that are contrary, opposed or different from them.
Substantial principles and formal principles
Doctrinal or militant constitutions and utilitarian or instrumental constitutions
Illegality of online casinos and sports betting sites
Commentary on the judgment of the Supreme Court No. 152.138, case of Polla Chilena de Beneficencia S.A. with Mundo Pacífico S.A. of September 12, 2023.
Inflation and its link with law and the State are analyzed. At first, inflation is studied as a monetary phenomenon and its economic effects, along with some situations of special legal relevance in relation to the payment of obligations. Subsequently, the importance of law and the State promoting and maintaining trust in currency over time as a necessary condition for social well-being is analyzed.
The Petro is neither a currency nor a monetary unit of account in Venezuela. Is not a cryptoasset either. It is a simulated way to (i) dollarize and (ii) discontinue the use of the bolivar (and the TU-tax unit) as the unit of account for main and accessory tax obligations. The use of the Petro violates articles 318 of the Constitution, 3 and 146 of the Organic Tax Code 2020 and 116 of the Central Bank of Venezuela act that mandate the use of the bolivar as a unit of account and payment of tax obligations as a requirement of strict legal reserve.
The work proposes to reconsider the foundation of human rights from the modern ideas of self-preservation and self-ownership. To prove that the modern conception is radically different from the classical tendency to self-preservation, the two are compared in terms of the concepts of movement and of final purpose or final cause. To this intention, four decisive modern intellectuals are appealed: Hugo Grotius, Baruch de Spinoza, Thomas Hobbes, and John Locke.