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This paper analyzes the uses in legal language of the terms allegality or allegal. Recently these terms have been incorporated into the Dictionary of The Royal Academic Spanish Academy of Language, however, there is a use of them in doctrinal, jurisprudential and even legal language. Firstly, the very definition provided by the Dictionary and its confusing or contradictory nature is studied. Next, the relationship of legality with the principle of permission is raised, that is, if in any case the absence of express regulation of a matter implies that there are a series of behaviors that are allowed by the legal system. On the other hand, it is evaluated if the allegality, the lack of a legal norm that regulates an area of social life, means that we are facing a legal gap or before spaces that cannot and should not be regulated by law. That is to say, if the behaviors not regulated by the law necessarily have to be resolved through the integration of the law or if they are aspects that do not belong to the legal sphere. We also study the fact that the allegal may represent a problem not so much of integration of legal norms but of interpretation of law, in which the attribution of meaning to normative statements may imply a lack of legal response. An analysis is made, below, of the use of terms «allegal» and «allegality» in the legal, jurisprudential and doctrinal discourse. From the legislative point of view, there are few cases in which the normative statements contain the terms allegal or allegality. Very exceptionally, in norms with a lower rank, and in general in the Statement of Reasons, these expressions are used. These terms are used in this speech as a synonymous with illegal. In the jurisprudential discourse we find that our courts make more frequent use of the terms allegal or allegality, even long before its incorporation into the Dictionary of the Royal Spanish Academy of Language. In this language, a plurality of meanings is given to the these statements, perhaps predominating their identification with the assumptions of illegality, the allegal is illegal. However, in other cases these expressions are used to refer to a legal situation with legal significance and the judge integrates the law to provide a legal response. The gaps in the law are resolved through the self-integration mechanisms provided by the legal system itself. But there are also cases in which legality is understood to be those cases that have no legal significance and therefore are unrelated to the judicial decision. The judicial discourse refers to these cases as cases that do not have to be regulated by the legal norm. As for the doctrinal language, it is necessary to point out that terms allegality o allegal also have a plurivocal character, probably having a greater weight than that in which the regulation of a matter is requested, de lege ferenda, citing reasons that would improve insufficient regulation. In most cases, the regulation and prohibition of certain behaviors is postulated. In this sense, the authors allude to the allegal as a pathology of the legal system that must be remedied by the legislator. Notwithstanding this, there are also cases in which conducts contrary to law and, therefore, punishable are indentified with illegality. This plurality of meanings and their redundant nature in some cases mean that we must reconsider the incorporation of these terms into legal language. From our point o view, they do not provide security and create confusion in different legal discourses. [ABSTRACT FROM AUTHOR]

This paper analyzes the protection of victims of forced migration from the perspective of the philosophy of law and international human rights law. On the one hand, it focuses on the origin and philosophical-legal foundations of human dignity and its practical requirements as a legal principle. Understood in this sense, dignity is considered as the foundation of the most basic human rights; and implies universally enforceable legal prerogatives in favor of all persons, by the mere fact of their human nature; and without considering exogenous factors, such as origin or nationality. Within this context, fundamental notions such as ius communcationis, or the right of sociability of human beings and hospitality, which entail a common use of the universal land within the comunitas orbis or universal community, are recovered. It is concluded that, despite the efforts and the many legal instruments that exist in this regard, and which are based on the dignity of the individual, the protection afforded to them in practice is not sufficient. The reason for this lies in several factors, in particular, in the fact that although human dignity can be considered as the basis for the recognition of human rights on equal terms, its scope is limited to the most fundamental rights, such as life or the prohibition of torture and inhuman and degrading treatment, but does not imply more specific rights such as freedom of movement or residence. [ABSTRACT FROM AUTHOR]

This paper attemps to analyze the consequences of the ethics of care in legal-political sphere. The proposals of a theory of moral development condition not only the individual but also his or her position in the framework of institutions and the international community. The paper first analyzes the contribution of the ethics of care and the differences with respect to the ethics of justice; it then focuses on the analysis of the field of institutions and international law, concluding with a snapshot of the current situation. [ABSTRACT FROM AUTHOR]

Against the background of a broader discussion about the role of legal precedent in the jurisdiction of the Supreme Tribunal of the Apostolic Signatura, this paper focuses on certain aspects of its jurisprudence in terms of legitimacy and the exact observance and uniform interpretation of the law. Focusing on the specificity of some definitive sentences in which, hypothetically speaking, the ratio decidendi may be identified as an indispensable assumption of precedent, the paper emphasises some advantages of judgement based on precedent. Drawing on an analysis of its legal activity, it may be concluded that judgment via precedent is, for the time being, a principle of lege ferenda. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to try to decipher the meaning of the human condition, as a presupposition of all social organization, taking into account the profile of today’s society. The debate that Hervada raised between natural and positive law has been argued by different authors in very varied terms and the question about the foundation of the legal norm is still valid. The purpose of this paper is not to compare Hervada’s work with that of other authors, but rather, in homage to him, to try to delve into the narrative that could justify legal norms. In this sense, the article seeks to analyze first of all, the terms of definition of the human condition; and subsequently to situate it in a context of society influenced and conditioned by big data and by the so-called surveillance capitalism. The goal is ambitious, but having a snapshot of the situation can help to build the narrative with which to respond to the articulation of the human condition in a specific political and social context, such as this first part of the twenty-first century. [ABSTRACT FROM AUTHOR]

It is impossible to face the role of coercion in the concept of law without reference to a specific theory of law. Then, in the first part, the paper elaborates the general lines of a theory of law as a social practice, focussed precisely on the aim of protecting agency against arbitrary power. In the second part, the focus is legal coercion. The main question is whether the legal use of force is another form of power that contrast that general goal of protecting agency or not. [ABSTRACT FROM AUTHOR]

This paper explores the problematic issue of the general principles of law within the canon law system. First, particular features attributable solely to legal principles or rules are selected, which - the author goes on to argue - are distinguishable from one another only in terms of the number or degree to which they are applied in practice. Second, a number of these characteristics are discussed in relation to principles in terms of the general and indeterminate nature of the latter, taking into account the relative weighting of principles and the relationships between them. The paper concludes with some reflections on the true value of principles in the context of canon law argument and interpretation, as well as in the extensive history and experience of practice. [ABSTRACT FROM AUTHOR]

Javier Hervada has been outlined for his research in natural law history; its theory and its application. The last two aspects become inseparable and lead to the following three functions of natural law: as a source of «positive» law or, more properly, «institutional » law; as a critical instance of positive law, and as an integral part of the juridical system. This paper deals with this last aspect for two reasons: it is the least well known in the field of comparative natural law theory, and it is where Hervada’s contribution is most innovate. For this purpose, a presentation will be made of the Hervada’s theory that there is a single juridical system, that is composed of natural «titles» and «measures» and positive «titles» and «measures»; then, within the first above-mentioned, it is considered one of its components or factors, «time», that recognized this integration of natural law in the juridical order and, also, the aforementioned duty to guarantee the material justice of the «Institutional» law. Finally, this notion is illustrated with legislative and jurisprudential cases of argentine law, although, the exercise is perfectly applied to any comparative juridical system. [ABSTRACT FROM AUTHOR]

The paper’s central argument is that Hervada’s doctrine on the existence of subsequent natural rights – and the necessity to posit these rights for their historical enforcement– offers better parameters and standards for the justification and determination of implied rights in the IACtHR’s opinions. On the one hand, it allows to justify such rights based on a universal human nature as well as to determine the right’s content through their inherent ends with better claims of objectivity. On the other, it permits to verify the indispensable role of positive law for the determination of human rights which have not been expressly recognized in the Convention. [ABSTRACT FROM AUTHOR]

In this paper I will make a review of the core elements of the recent natural law ethical theories in analytic philosophy. I will expose the elements they share, and then its more essential differences, especially those related to epistemology and metaphysics. Finally, I shall explore the possibilities of development for natural law theories, and its metaethical implications, especially those related to a metaphysical and epistemological grounding for natural law. [ABSTRACT FROM AUTHOR]

In this paper, written as a tribute to the first edition of John Finnis' Natural Law and Natural Rights, the author examines some of the versions introduced by the Australian philosopher, in order to analyze, specify, develop and defend the notion of rule of law. He later goes on to give an assessment of Finnis' contributions, primarily of the ones regarding the ethical character of that institute, and the mastery with which he has integrated the classical-realistic tradition of the natural law theory, the methodological approaches of analytical jurisprudence and the contemporary reflection about the idea of a government limited by law. [ABSTRACT FROM AUTHOR]

This paper analyses the meaning and conceptual connections between sanction, coercion and the use of force. The author defends three theses. First, sanctions are contingent consequences defined by legal rules to motivate people to act in conformity to legal duties. Second, it is argued that coercion involves reasons for actions generated by the deliberator, who calculates the likelihood of the consequences (positive or negative) established in the sanctions. Third, there are three notions associated to legal compulsion: a) the application of sanctions (highlighting that every legal application of sanction is done using force); b) the institutional enforcement of legal rights and duties (in which case, the use of force is independent of the application of sanctions, and not every institutional enforcement takes place through use of physical force); and finally, c) the generic legal use of force that, in fact, is conceptually independent of both legal sanction and the enforcement of rights and duties. [ABSTRACT FROM AUTHOR]

The aim of this paper is to highlight the validity of an argument employed by Javier Hervada in one of his papers. According to him, the fact that human rights declarations relating to human rights as rights «recognized» has a significant impact on the Philosophy of Law. After synthesizing the ideas of Hervada, I will seek to extend to an area that is only implicit in his argument: the general theory of human rights. [ABSTRACT FROM AUTHOR]

The possibility of introducing some kind of request and grant of forgiveness as a dimension of reparation and reconciliation has played a relevant role in the processes of political transition towards democracy. This paper deals with our common vision of forgiveness as an exclusively Christian heritage. To do this, it considers the place of forgiveness, if any, in the classical Greek and Latin philosophical tradition. Second, it is about seeking a secular concept of forgiveness after the appearance of Christianity. Unlike the pre-Christian concept, in this case it will be necessary to find not only someone who has formulated it, but also has done so with characters other than the Christian sense of forgiveness. [ABSTRACT FROM AUTHOR]

Assuming Juan carlos Bayón's thesis that the so-called 'deep conventionalism' is the minimum content of legal positivism, this paper argues that positivism cannot be valid, even under this 'thin' conception, due to the difficulties of maintaning a strong difference between correction and convention within moral constructivism, which underlies the legal theory of neoconstitutionalism. [ABSTRACT FROM AUTHOR]

The paper analyzes the philosophical-legal implications of the doctrine of the rebus sic stantibus clause. It corresponds to a non-formalist, dynamic and flexible view of law, and contracts in particular, as a historical phenomenon susceptible of evolution and adaptation to reality, to the circumstances of time and place. The paper deeps into the necessity of balance between security and justice, for which a rigorous technical-legal formulation of this legal figure is required. From this perspective we analyze the genesis and evolution of the doctrine and its process of progressive technical decantation. [ABSTRACT FROM AUTHOR]

If constitutionalism means submitting power to law, the good or ill health of the law will have a great impact on the Constitution, and especially on the Rule of Law. Although legal nihilism (nichilismo giuridico) can be traced back to profound philosophical roots --as Romano, Irti Possenti and other Italian writers have brilliantly shown--, in this paper we intend to suggest that its current extension is due to other, less theoretical factors. Our approach here is different (yet complementary, we hope) from that of those authors. It should be added that in the end, legal nihilism favours power and impairs our freedom. Assimilating legal nihilism to wild anarchism and derailed freedom, however frequent, is an unwarranted petitio principii. A meaningful, healthy body of law would amount to a serious brake on legal nihilism because technology, like money and financial economy -- major engines of our world-, is not only soulless but also mindless. [ABSTRACT FROM AUTHOR]

This paper aims to the study of the institutional law in the juridical methodology of Vallet de Goytisolo, just as is necessary to analyse his doctrinal origins and his nature. Furthermore, it will be pointed his theoretical and practical functionality for the community of jurist, that is, the importance of an institutional conception of Law in the business activity and the judicial dispute, the same as in the law creation and in the hermeneutic job of Law theorists. Finally, it will be analysed the theoretical coherence, the practical utility and the normative fitting of this institutional vision of Law. [ABSTRACT FROM AUTHOR]

This paper analyzes the economic ideas of Francisco Suárez. Although the relevant passages are scattered throughout his work, it can be shown that Suárez addressed the right of private property. In addition, Suárez examined fi scal issues in the book V of the treaty De legibus ac Deo legislatore. These are two of the least explored topics in Suárez's legal philosophy. [ABSTRACT FROM AUTHOR]

One of the most characteristic facets of Álvaro d'Ors is his interest in regional law. This paper highlights his main contributions, especially that in which he answers to the clear denial of Prof. Federico de Castro of the existence of regional law. From the Orsian perspective, the their reason is not privilege but subsistence with what it implies of social reality. The author uses the Orsian theses to refer to Valencian regional law. [ABSTRACT FROM AUTHOR]

The biolegal contracts are particularly interesting to legal philosophers nowadays. The possibilities opened up by new technologies require to examine some of these contracts with criteria that go beyond freedom of contract and autonomy for reasons ranging from the violation of human dignity to the disruption of public order. In this paper we will use the gestational surrogacy agreement as paradigmatic, with particular attention to the relationship of justice underlying these contracts. [ABSTRACT FROM AUTHOR]

The pair Public Law/Private Law is thought to be the summa divisio in Law (especially in the Continental Law tradition). But the rational of this divide («the quid») is a very much discussed question. The reason may be that we usually use the words in different contexts and with different meanings. No single explanation can give account of all of them. This paper tries an explanation of the different contexts and meanings of the pair Public Law/ Private Law. [ABSTRACT FROM AUTHOR]

In this paper, the author intervenes in the debate on the priority of human nature, or human goods, as sources of knowledge of the contents of natural law. He develops the opposite positions of Javier Hervada and John Finnis, and draws some precisive conclusions. [ABSTRACT FROM AUTHOR]

Is often thought that the lack of agreement about the 'why' of human rights, led the drafters of the Universal Declaration in 1948, to avoid any attempt to establish any kind of metaphysical claims about human rights. This paper shows how the drafters of the Declaration built a complete but unfinished argument about the foundation or about the rational justification of human rights. They have articulate a description of a real 'being', which is possible 'to know', that justify a 'duty'. The practical agreement reached by the drafters is only possible, if they state minimum metaphysical truths, admit a practical knowledge, and sustain deontic commitments. [ABSTRACT FROM AUTHOR]

Since the seventeenth century we have lost sight of justice, which has been confined within the “theories of justice". Throughout Modernity, these theories were prsented under the guise of Natural Law Systems and, they continue to be so, today, as theories on justice. The autor indicates that these theories have historically disguised the form of synthesizing, a priori, nuclear definitions in which the initially proposed axioms were sufficient for posterior development. In this paper the author presents a review of that situation, with special attention to its historical genesis. [ABSTRACT FROM AUTHOR]

The relationship between science, technology and praxis is one of the key issues to understand the theory of Jürgen Habermas. The need to broaden rationality has forced Habermas to consider this legal phenomenon. In this paper I attempt to show how Habermas emphasizes the duality of law, because it can be a means of emancipation, but also a modernizing object and an instrument of modernization with the subsequent repercussions on the freedom of contemporary societies. [ABSTRACT FROM AUTHOR]

In this paper, I develop the broad outlines of an investigation which analyses the sense and the meaning of the concepts of "common good" and "general interest" in the rhetoric of present day government. I will also try to respond to the question of whether both concepts are perfectly interchangeable in the public debate or, on the contrary, the concepts in fact derive from antagonistic backgrounds. [ABSTRACT FROM AUTHOR]

This paper discusses the repercussions of the legal thought of Sergio Cotta on Spanish legal philosophy. After a general overview of the legal philosophy of Cotta, we will focus oil the study this writings, localizing their presence in the most representative works of different Spanish authors. It is obvious that the present analysis will be limited, and that some Spanish thinkers will not he mentioned. [ABSTRACT FROM AUTHOR]