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Browsing by Author "Montoya, Jairo Zapata"

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  • Some questions on the judicial decision in the Legal Theory

    Institución: Fundación Universitaria Los Libertadores

    Revista: Revista Vía Iuris

    Autores: Romero, Raúl González; Fajardo, Andrés Samper; Montoya, Jairo Zapata

    Fecha de publicación en la Revista: 2014-04-04

    Fecha de cosecha en Ciencia Nacional: 2025-09-29

    From the perspective of legal theory, the problem of judicial decision has been taken as one of the preconditions for revitalization of legal systems. However, this type of decision, which is coated with a specific characteristic, given it exceeds the scope of the essentially legal, and it is necessarily linked to the effectiveness of the standard. From this perspective, some of the problems that have been the focus of legal theory are now in the background, because of the crucial role played by the study of the judicial decision seen as measure of effectiveness. However such decisión has not been understood in a univocal sense in legal theory, but every one of the legal theoreticians has attributed effects in one way or another, depending on factors intrinsic and extrinsic to the law. The purpose of this paper is to present some of the relevant positions within the legal theory that revolve around the effectiveness of the legal standard and its relationship with the judicial decision.
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