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Contesting Modernityin the German Secularization Debate. Karl Löwith, Hans Blumenberg and Carl Schmitt in Polemic al Contexts
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.
Copyright (c) 2026 Derecho Público Iberoamericano https://creativecommons.org/licenses/by/4.0
Partially dissenting opinion by Judge Alberto Borea Odría
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)
Commentary on the Supreme Court’s decision, Case No. 252.456-2023.
A critical analysis of the case of Vega González et al. v. Chile and its enforcement by the Supreme Court
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.
Effects of international law on the domestic legal system
Principles underpinning the general anti-avoidance rule and its enshrinement in chilean case law
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.
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...
The business judgment rule and the crime of disloyal administration
This paper addresses the interaction between the Business Judgment Rule and the crime of unfair administration in Chilean law, in its various aspects.
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.
Chilean free banking before the Central Bank
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.
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