vol. 18 núm. 23 (2016)

Purpose: there is a belief in Colombia that any lawyer can be a Law teacher in a school legally incorporated for such purpose. At present, teachers in the schools of Law are not well prepared in education to train lawyers. Description: what is essential, in this case, is to implement a system where Law teachers take pedagogy lessons so that they arrive to the classroom with the best intention of transmitting knowledge, away from old forms of teaching, and that future lawyers are duly prepared to face legal proceedings and issues in real life. Point of view: in Colombia, following the tradition that teachers teach the way they were taught is asymptomatic fact. Tht is exactly what this study intends to change. Teaching Law requires much more than the mere legal knowledge of the person who intends to give lectures at a school of Law. Conclusions: it is necessary to change the law teaching structure; it is important that teacher commits to change and putting it into practice.

Purpose: to offr some reflctions about the need for perfecting the conception and processing of civil review in Cuba, especially in terms of regulation of three grounds that, in turn, are of criminal-functional dependency due to the diffilties of judicial practice at the time of achieving its admission, processing and solution.  Description: criteria of procedural doctrine on the legal construction of review are provided regarding whether it is a remedy, a procedure or a true proceeding, which demonstrates a lack of unanimity that has transcended the global legislative order. Point of view: a comparative analysis of review at the Cuban procedural levels regarding judgments against which it proceeds; this shows a lack of uniform criteria by the judicial practice of the maximum forum. Conclusions: concrete proposals for amending the law are made for perfecting it, thus contributing to a better exercise of legal praxis. Th review is a proceeding that undoubtedly relates to the previous proceeding from which the resolution subject thereto comes from, aimed at safeguarding rights and serving as ultima ratio of realization of justice as a value and purpose of Law.

Juan Camilo Serpa es doctor en Investigación de Operaciones de la University of British Columbia (ubc), Vancouver, Canadá, y es actualmente profesor tenure-track en Indiana University, eeuu. Ha recibido numerosos premios, entre los que se cuentan mejor proyecto doctoral a nivel mundial (Premio Codère - Production and Operations Management Society), mejor tesis doctoral en Canadá (Supply Chain Management Association) y Premio Killam a la excelencia en la enseñanza (University of British Columbia).

Purpose: from the concern of the Italian philosopher Giorgio Agamben on the ethical, legal and political meaning of extermination, we advance towards the analysis of a new paradigm of modern political space in essence, determined by a type of exclusion that remains in force to the present day. Description: this overview will take up the concept of biopolitics in order to understand the device that allows the emergence of bare life within the political space, namely, the state of exception.  Point of view: at this point of the article, reflction centers on the problem of the testimony of survivors from concentration camps, a place where there is paradoxically an alternate pathway to this kingdom between life and death imposed by the contemporary political discourse. Conclusions: the latter opens a horizon for the woman question as another form of establishing social bonds, for which psychoanalytical concepts will be taken up in order to understand the feminine logic and their incidence in subjective and social shaping.

Introduction: this article addresses, from a historical perspective, the diffrent factors that have affcted the procurement process in two Cuban agricultural networks comprising two provinces of the country. For this reason, the main objective focused on proposing a procedure for perfecting it. Moreover, it assesses the diffilties that have hindered the implementation of the said networks based on the main policies governing the sector. Methodology: the historical, review and analysis methods as well as the group interview technique were applied to 93 attendees of the courses offred by the authors in the provinces of Sancti Spíritus and Santiago de Cuba, between December 2012 and January 2013. Results: this procedure for perfecting procurement in Cuban fruit and grain networks. Conclusions: the tools offred to the legal sector as part of the procedure cause the agricultural contract to further reflct the reality of stakeholders involved and their needs

Introduction: in order to offr a broader view of privacy, some non-legal conceptualizations are looked into, starting from the defiition established by the Diccionario de la Real Academia Española as such “intimate and reserved spiritual area of a person or group.”  Methodology: the construction of the concept is consolidated throughout the article with the input of meanings from other disciplines such as psychology, philosophy and art.  Results: a conceptualization that exceeds the legal framework and integrates interpretations of constitutions from other countries in the region is abstracted.  Conclusion: privacy is the exercise of the radical freedom of self-determination by which humans stay true to themselves while fiding themselves inexhaustible, vast and irreducible to objects.  

Introduction: this article is the result of a research project with the same name conducted by the research group Legal Hermeneutics of the research line Legal Analysis in the School of Legal and Political Sciences at the Universidad Autónoma de Bucaramanga (unab), Colombia. Methodology: the research conducted is descriptive with documentary review techniques; the deductive method is used. Its general objective is to analyze the doctrine and case law evolution of the Civil Division of the Supreme Court of Justice in terms of burden of proof in medical liability proceedings for the period between 1990 and 2014. It is noteworthy that, regarding the demonstration of the de facto assumption of the rules containing the legal effct they pursue in medical liability proceedings, there is a question about whether the burden of proof belongs to the plaintif (static burden of proof) or to the party who is in the best condition to bring in evidence or clarify the facts of the dispute, whether plaintif or defendant (dynamic burden of proof). Results and conclusions: the answer to the said legal problem is given by the evolution of two pronouncements by the Supreme Court of Justice, referred to for their analysis as line founder (Judgment of March 5, 1940) and Archimedean (Judgementof November 14, 2014)

Con satisfacción, celebramos un año más de existencia de la revista dixi, así como la oportunidad de participarles importantes artículos que reflejan el pensamiento de los autores colaboradores y sus diferentes criterios, que en ninguna forma comprometen a esta publicación, pero que permiten el análisis y la deliberación sobre temas de importancia social y jurídica. De ahí que las contribuciones de diferentes profesores se incluyan en este volumen 18, número 23. 

Purpose: to perform a rather crude, skeptic analysis of the future signing of the peace agreement in La Habana, Cuba with the insurgent group Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo (farc-ep) so that international experiences are taken into consideration.  Description: this article starts with an overview of what post-conflct is through a series of questions in relation to macroeconomic problems that the State must face. Thn, international examples in which a similar experience has been lived are considered and some conditions are stablished in order not to repeat the results. It continues with the analysis of Colombian institutions engaged in war and their evolution paths are succinctly proposed.  Point of view: the foregoing proves that Colombia deserves the peace awaited for so long by the entire society but with sustainable results, diffrent from those obtained in Central America. Th central thesis or point of view defended is that peace is more than a signature. It must be an integrated set of long-term actions instead of strategies structured in the heat of the moment.  Conclusions: Colombia is not prepared for peace understood as social justice.  

Purpose: this reflction article outlines the diffrent periods of violence in Colombia by presenting an analysis for post-conflct and reviewing some aspects of the national security doctrine to be applied in the context of demobilization and post-conflct according to transitional justice. Description: within the line of research into the history of institutions, the stages and causes of violence in Colombia are described since it has become a South American concern as bordering countries are affcted by the problems derived from the conflct itself. Point of view: while formulas of transition to peace have already been given by history, it isexpressed that, from a legal perspective, the Treaty of Rome has not replaced the national ordinary criminal jurisdiction or the so-called transitional justice and that, as a fim step towards peace, agreements should include that investigations or trials are carried out in accordance with the national law and the fundamental constitutional rights protected by it. Conclusions: the new transitional justice may cause conflcts of power with High Courts since the new Peace Tribunal, with the presence of international judges, will be the new judicial closure body in Colombia.