Derecho Público Iberoamericano
type: channel
description: The magazine promotes, cultivates, and transmits the study of public law funded on the principle of plurality and from the diverse scientific approaches: political and legal philosophy, constitutional theory, constitutional dogma, international law of fundamental rights, legal sociology, history of law and other concurrent disciplines.
publisher: Universidad del Desarrollo
language: en
publication name: Derecho Público Iberoamericano
issn: 0719-2959
copyright: Attribution 4.0 International CC BY 4.0 You are free to: Share — copy and redistribute the material in any medium or format for any purpose, even commercially. Adapt — remix, transform, and build upon the material for any purpose, even commercially. The licensor cannot revoke these freedoms as long as you follow the license terms. Under the following terms: Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits. Notices: You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation . No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
items: Contesting Modernityin the German Secularization Debate. Karl Löwith, Hans Blumenberg and Carl Schmitt in Polemic al Contexts
items: Partially dissenting opinion by Judge Alberto Borea Odría
items: Contraloría General de la República
items: Presentation
items: A critical analysis of the case of Vega González et al. v. Chile and its enforcement by the Supreme Court
items: Principles underpinning the general anti-avoidance rule and its enshrinement in chilean case law
items: Political society and civil society
items: The business judgment rule and the crime of disloyal administration
items: Los nuevos derechos humanos: la última degradación del hombre
items: The misalignment between judicial and administrative jurisprudence
items: Chilean free banking before the Central Bank
items: Another story of the spanish mountains
items: The postmodern evolution of "human rights"
items: A critical evaluation of Pope Francis' magisterium on the death penalty
items: Presentations
items: Miguel Ayuso Torres y Camilo Noguera Pardo (eds.)
items: Redhibitory defects and superstition
items: Jean-Marie Le Pen
items: The paralysis of the financing mechanism for strategic defence capabilities through the budget law
items: Affirmative actions in college admissions
items: The concept of corrective function of the good faith and its reception by the chilean jurisprudence
items: The Estate factor
items: Perfiles filosóficos. Hombre, sociedad y derecho en el pensamiento contemporáneo
items: Is a reasonable interpretation of “non-sexist education” possible?
items: The role of the subsidiary State and the supposed negative externalities
items: Extradition and General Principles of International Law
items: Utopian or dystopian scenarios in digital perspective
items: The concept of natural law in Francisco de Vitoria’s Relection of the Law of War

Contesting Modernityin the German Secularization Debate. Karl Löwith, Hans Blumenberg and Carl Schmitt in Polemic al Contexts
type: item
description: Sjoerd Griffioen, Contesting Modernity in the German Secularization Debate. Karl Löwith, Hans Blumenberg and Carl Schmitt in Polemic al Contexts, Leiden y Boston, Brill, 2022.
subject: Recensiones
  topic: section
subject: Recensiones
  topic: category
creator: Juan Fernando Segovia
rights: Copyright (c) 2026 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2026-04-28
publication date: 2026-04-28
starting page: 261
ending page: 265
doi: 10.52611/rdpi.num28.2026.1714

Partially dissenting opinion by Judge Alberto Borea Odría
type: item
description: Inter-American Court of Human Rights, Case of García Andrade et al. v. Mexico, Judgment of August 22, 2025 (Preliminary Objections, Merits, Remedies, and Costs)
subject: Jurisprudence comments
  topic: section
subject: Jurisprudence comments
  topic: category
creator: Alberto Borea Odría
rights: Copyright (c) 2026 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2026-04-28
publication date: 2026-04-28
starting page: 243
ending page: 258
doi: 10.52611/rdpi.num28.2026.1314

Contraloría General de la República
type: item
description: Commentary on the Supreme Court’s decision, Case No. 252.456-2023.
subject: Jurisprudence comments
  topic: section
subject: Jurisprudence comments
  topic: category
creator: Cristian Román Cordero
rights: Copyright (c) 2026 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2026-04-28
publication date: 2026-04-28
starting page: 221
ending page: 241
doi: 10.52611/rdpi.num28.2026.1792

Presentation
type: item
subject: Presentation
  topic: section
creator: Julio Alvear Téllez
rights: Copyright (c) 2026 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2026-04-28
publication date: 2026-04-28
starting page: 7
ending page: 8
doi: 10.52611/rdpi.num28.2026.1803

A critical analysis of the case of Vega González et al. v. Chile and its enforcement by the Supreme Court
type: item
description: From a strictly formal perspective, this paper provides a critical analysis of the case of Vega González et al. v. Chile, decided by the Inter-American Court of Human Rights in 2024. This critical analysis stems from two complementary reasons: the arguments used by the Inter-American Court to support its judgment, and the fact that the plenary session held by the Supreme Court to enforce it is not suitable for that purpose. Finally, several observations are made regarding the relationship between national and international law, in light of the characteristics and functioning of the Inter-American Human Rights System.
subject: Studies
  topic: section
subject: Studies
  topic: category
subject: Studies on fundamental rights
  topic: category
subject: Inter-American Human Rights System
  topic: category
subject: Fundamental rights
  topic: category
subject: Vega González et al v. Chile case
  topic: keywords
subject: Inter-American Court of Human Rights
  topic: keywords
subject: Supreme Court
  topic: keywords
subject: Sources of international law
  topic: keywords
subject: Compliance with international judgments
  topic: keywords
subject: Res judicata
  topic: keywords
subject: Effects of international law on the domestic legal system
  topic: keywords
creator: Max Silva Abbott
rights: Copyright (c) 2026 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2026-04-28
publication date: 2026-04-28
starting page: 13
ending page: 75
doi: 10.52611/rdpi.num28.2026.1761

Principles underpinning the general anti-avoidance rule and its enshrinement in chilean case law
type: item
description: The incorporation of the General Anti-Avoidance Rule into Chilean law through Law No. 20.780 of 2014 was one of the most significant reforms of the national tax system in terms of controlling tax avoidance. This article reviews the subject matter, including the necessary updates, clarifications, and correlations.
subject: Studies
  topic: section
subject: Studies
  topic: category
subject: Public economic order
  topic: category
subject: Tributary Justice
  topic: category
subject: Law No. 20.780
  topic: keywords
subject: General Anti-Avoidance Rule
  topic: keywords
subject: Avoidance control
  topic: keywords
creator: Alfredo Ugarte Soto
creator: Juan Ignacio García Villar
rights: Copyright (c) 2026 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2026-04-28
publication date: 2026-04-28
starting page: 111
ending page: 131
doi: 10.52611/rdpi.num28.2026.1716

Political society and civil society
type: item
description: In this text, we examine the relationship between political society and civil society from a classical and Christian perspective, aiming to show that their radical separation is a modern construct rooted in rationalist thought. First, we revisit classical political philosophy –especially Plato and Aristotle– to argue that society cannot be properly understood without a formal ordering principle: politics oriented toward the common good. We maintain that civil society, conceived as the “material” component of social life, lacks full intelligibility and practical coherence without the political form that structures and directs it. Second, we present Thomas Aquinas’ contribution, emphasizing his concept of society as a “potestative whole” and his causal account of political order: final cause (common good), formal cause (law/authority), and material cause (a plurality of intermediate social bodies). Finally, we address contemporary rationalist distortions through hermeneutic, normative, and empirical frameworks...
subject: Studies
  topic: section
subject: Studies
  topic: category
subject: History and political philosophy
  topic: category
subject: Studies on political theory
  topic: category
subject: Studies on Political Philosophy
  topic: category
subject: Constitutional Theory
  topic: category
subject: Political and constitutional theory
  topic: category
subject: A critique of the Enlightenment
  topic: category
subject: Political theory
  topic: category
subject: Political institutions
  topic: category
subject: Political society
  topic: keywords
subject: civil society
  topic: keywords
subject: common good
  topic: keywords
subject: ssical political thought
  topic: keywords
subject: Plato
  topic: keywords
subject: Aristotle
  topic: keywords
subject: Thomas Aquinas
  topic: keywords
creator: Javier Fernández Sandoval
rights: Copyright (c) 2026 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2026-04-28
publication date: 2026-04-28
starting page: 179
ending page: 218
doi: 10.52611/rdpi.num28.2026.1715

The business judgment rule and the crime of disloyal administration
type: item
description: This paper addresses the interaction between the Business Judgment Rule and the crime of unfair administration in Chilean law, in its various aspects.
subject: Studies
  topic: section
subject: Studies
  topic: category
subject: Business Judgment Rule
  topic: keywords
subject: disloyal administration
  topic: keywords
creator: Felipe Rodríguez Guerrero
rights: Copyright (c) 2026 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2026-04-28
publication date: 2026-04-28
starting page: 133
ending page: 175
doi: 10.52611/rdpi.num28.2026.1713

Los nuevos derechos humanos: la última degradación del hombre
type: item
description: Translator Julio Alvear Téllez, Los nuevos derechos humanos: la última degradación del hombre, Madrid, Marcial Pons, 2025
subject: Recensiones
  topic: section
subject: Recensiones
  topic: category
creator: Gustavo Garduño Domínguez
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2025-10-30
publication date: 2025-10-30
starting page: 231
ending page: 236
doi: 10.52611/rdpi.num27.2025.1666

Presentation
type: item
description: Translator
subject: Presentation
  topic: section
creator: Julio Alvear Téllez
creator: JULIO ALVEAR
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2025-10-30
publication date: 2025-10-30
starting page: 7
ending page: 8
doi: 10.52611/rdpi.num27.2025.1665

The misalignment between judicial and administrative jurisprudence
type: item
description: 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.
subject: Studies
  topic: section
subject: Studies
  topic: category
subject: misalignment
  topic: keywords
subject: judicial jurisprudence
  topic: keywords
subject: administrative jurisprudence
  topic: keywords
creator: Cristian Román Cordero
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2025-10-30
publication date: 2025-10-30
starting page: 189
ending page: 218
doi: 10.52611/rdpi.num27.2025.1511

Chilean free banking before the Central Bank
type: item
description: To legally clarify the dilemma between free banking or central banks, we will analyze the Chilean historical period in which free banking was in force, before the creation of the Central Bank, between 1860 and 1925. We will conclude that free banking and the gold standard are incompatible with a modern State that is at the service of the human person, which needs someone to balance countercyclical government policies to prevent inflation.
subject: Studies
  topic: section
subject: Studies
  topic: category
subject: Free banking
  topic: keywords
subject: gold standard
  topic: keywords
subject: central bank
  topic: keywords
subject: monetary history
  topic: keywords
subject: state service
  topic: keywords
creator: Alejandro Lagos Torres
rights: Copyright (c) 2026 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2026-04-28
publication date: 2026-04-28
starting page: 79
ending page: 110
doi: 10.52611/rdpi.num28.2026.1510

Another story of the spanish mountains
type: item
description: 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.
subject: Studies
  topic: section
subject: Studies
  topic: category
subject: Studies on fundamental rights
  topic: category
subject: History
  topic: keywords
subject: Spain
  topic: keywords
subject: policy of forestry sector
  topic: keywords
subject: mountain regions
  topic: keywords
creator: Jesús Alcanda Vergara
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2025-10-30
publication date: 2025-10-30
starting page: 13
ending page: 44
doi: 10.52611/rdpi.num27.2025.1475

The postmodern evolution of "human rights"
type: item
description: 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.
subject: Studies
  topic: section
subject: Studies
  topic: category
subject: Studies on fundamental rights
  topic: category
subject: human rights
  topic: keywords
subject: postmodernity
  topic: keywords
subject: self-determination
  topic: keywords
subject: nihilism
  topic: keywords
subject: new rights
  topic: keywords
creator: Javier Fernández Sandoval
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2025-10-30
publication date: 2025-10-30
starting page: 45
ending page: 78
doi: 10.52611/rdpi.num27.2025.1449

A critical evaluation of Pope Francis' magisterium on the death penalty
type: item
description: 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.
subject: Studies
  topic: section
subject: Studies
  topic: category
subject: Studies on fundamental rights
  topic: category
subject: Death Penalty
  topic: keywords
subject: Pope Francis
  topic: keywords
subject: Criminal Law
  topic: keywords
subject: Magisterium of the Church
  topic: keywords
creator: Carlos Isler Soto
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2025-11-07
publication date: 2025-11-07
starting page: 79
ending page: 149
doi: 10.52611/rdpi.num27.2025.1432

Presentations
type: item
subject: Presentation
  topic: section
creator: Julio Alvear Téllez
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-05-09
publication date: 2025-05-09
starting page: 7
ending page: 8
doi: 10.52611/rdpi.num26.2025.1412

Miguel Ayuso Torres y Camilo Noguera Pardo (eds.)
type: item
subject: Recensiones
  topic: section
subject: Recensiones
  topic: category
creator: Juan Fernando Segovia
creator: Consejo Nacional de Investigaciones Científicas y Técnicas (CONICET)
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-05-09
publication date: 2025-05-09
starting page: 219
ending page: 222
doi: 10.52611/rdpi.num26.2025.1411

Redhibitory defects and superstition
type: item
description: 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.
subject: Jurisprudence comments
  topic: section
subject: Jurisprudence comments
  topic: category
subject: Superstition
  topic: keywords
subject: redhibitory defects
  topic: keywords
subject: good faith
  topic: keywords
subject: duty to disclose information
  topic: keywords
subject: stigmatized property
  topic: keywords
creator: Rodrigo Céspedes
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2025-10-30
publication date: 2025-10-30
starting page: 221
ending page: 228
doi: 10.52611/rdpi.num27.2025.1356

Jean-Marie Le Pen
type: item
description: 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.
subject: Studies
  topic: section
subject: History and political philosophy
  topic: category
subject: Jean-Marie Le Pen
  topic: keywords
subject: National Front
  topic: keywords
subject: right-wing
  topic: keywords
subject: France
  topic: keywords
creator: José Díaz Nieva
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-05-09
publication date: 2025-05-09
starting page: 105
ending page: 139
doi: 10.52611/rdpi.num26.2025.1337

The paralysis of the financing mechanism for strategic defence capabilities through the budget law
type: item
description: 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.
subject: Studies
  topic: section
subject: Studies
  topic: category
subject: Strategic capabilities
  topic: keywords
subject: Budget Law
  topic: keywords
subject: Multiannual Fund for Strategic Defense Capabilities
  topic: keywords
subject: Strategic Contingency Fund
  topic: keywords
subject: Defense Strategy
  topic: keywords
creator: Gonzalo Carrasco Astudillo
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
date: 2025-11-07
publication date: 2025-11-07
starting page: 153
ending page: 189
doi: 10.52611/rdpi.num27.2025.1335

Affirmative actions in college admissions
type: item
description: 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.
subject: Studies
  topic: section
subject: Constitutional law principles
  topic: category
subject: Comparative Constitutional Jurisdiction
  topic: category
subject: Political and constitutional theory
  topic: category
subject: Fundamental rights
  topic: category
subject: Jurisprudence comments
  topic: category
subject: Equality before de law
  topic: keywords
subject: Strict scrutinity
  topic: keywords
subject: Com- pelling interest
  topic: keywords
subject: Historic discrimination
  topic: keywords
subject: Affirmative actions
  topic: keywords
creator: Andrea Iñiguez Manso
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-05-09
publication date: 2025-05-09
starting page: 81
ending page: 101
doi: 10.52611/rdpi.num26.2025.1332

The concept of corrective function of the good faith and its reception by the chilean jurisprudence
type: item
description: 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.
subject: Studies
  topic: section
subject: Civil law implications
  topic: category
subject: Political and economic philosophy
  topic: category
subject: A critique of the Enlightenment
  topic: category
subject: Essays
  topic: category
subject: Contractual good faith
  topic: keywords
subject: Corrective justice
  topic: keywords
subject: Corrective function of the good faith
  topic: keywords
creator: Arturo Alejandro Salazar Santander
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-05-09
publication date: 2025-05-09
starting page: 39
ending page: 78
doi: 10.52611/rdpi.num26.2025.1327

The Estate factor
type: item
description: 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.
subject: Studies
  topic: section
subject: Studies
  topic: category
subject: History and political philosophy
  topic: category
subject: Estate Factor, trifunctional structure of the State, Western pu- blic law, French Revolution
  topic: keywords
creator: Iván Aróstica Maldonado
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-05-09
publication date: 2025-05-09
starting page: 13
ending page: 38
doi: 10.52611/rdpi.num26.2025.1323

Perfiles filosóficos. Hombre, sociedad y derecho en el pensamiento contemporáneo
type: item
description: José María Carabante, Perfiles filosóficos. Hombre, sociedad y derecho en el pensamiento contemporáneo, Pamplona, Aranzadi, 2022, 128 pp.
subject: Recensiones
  topic: section
subject: Recensiones
  topic: category
creator: Juan Pablo Serra
rights: Copyright (c) 2024 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-10-29
publication date: 2024-10-29
starting page: 179
ending page: 183
doi: 10.52611/rdpi.num25.2024.1285

Presentation
type: item
subject: Presentation
  topic: section
creator: Julio Alvear Téllez
rights: Copyright (c) 2024 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-10-29
publication date: 2024-10-29
doi: 10.52611/rdpi.num25.2024.1284

Is a reasonable interpretation of “non-sexist education” possible?
type: item
subject: Jurisprudence comments
  topic: section
subject: Jurisprudence comments
  topic: category
creator: Vicente Hargous F.
creator: Luis Robert V.
rights: Copyright (c) 2024 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-10-29
publication date: 2024-10-29
starting page: 165
ending page: 175
doi: 10.52611/rdpi.num25.2024.1233

The role of the subsidiary State and the supposed negative externalities
type: item
description: 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.
subject: Studies
  topic: section
subject: Studies
  topic: category
subject: Constitutional law principles
  topic: category
subject: Principle of subsidiarity
  topic: keywords
subject: 1980 Constitution
  topic: keywords
subject: Political ideologies
  topic: keywords
creator: Salvador Mohor
rights: Copyright (c) 2024 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-10-29
publication date: 2024-10-29
starting page: 77
ending page: 94
doi: 10.52611/rdpi.num25.2024.1177

Extradition and General Principles of International Law
type: item
description: 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.
subject: Jurisprudence comments
  topic: section
subject: Jurisprudence comments
  topic: category
subject: International cooperation
  topic: keywords
subject: General principles of international law
  topic: keywords
subject: Reciprocity
  topic: keywords
subject: International Courtesy
  topic: keywords
subject: Extradition and mutual assistance
  topic: keywords
creator: Rodrigo Cespedes Proto
creator: Universidad Federal de Pará, Brasi
rights: Copyright (c) 2025 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-05-09
publication date: 2025-05-09
starting page: 207
ending page: 215
doi: 10.52611/rdpi.num26.2025.1172

Utopian or dystopian scenarios in digital perspective
type: item
description: 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.
subject: Studies
  topic: section
subject: Studies
  topic: category
subject: transhumanism
  topic: keywords
subject: artificial intelligence
  topic: keywords
subject: crisis of law
  topic: keywords
creator: Armando S. Andruet
rights: Copyright (c) 2024 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-10-29
publication date: 2024-10-29
starting page: 13
ending page: 33
doi: 10.52611/rdpi.num25.2024.1171

The concept of natural law in Francisco de Vitoria’s Relection of the Law of War
type: item
description: 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.
subject: Studies
  topic: section
subject: Studies
  topic: category
subject: History and political philosophy
  topic: category
subject: Studies on Political Philosophy
  topic: category
subject: History of political and legal institutions
  topic: category
subject: Political theory
  topic: category
subject: Essays
  topic: category
subject: Francisco de Vitoria
  topic: keywords
subject: law of war
  topic: keywords
subject: natural law
  topic: keywords
subject: rationalism
  topic: keywords
subject: pacifism
  topic: keywords
subject: Second Scholasticism
  topic: keywords
subject: Thomism
  topic: keywords
subject: philosophy of law
  topic: keywords
creator: Javier Fernández Sandoval
rights: Copyright (c) 2024 Derecho Público Iberoamericano https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-10-29
publication date: 2024-10-29
starting page: 95
ending page: 143
doi: 10.52611/rdpi.num25.2024.1170