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Publicado 1972
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This paper focuses on the proposal for the creation of the National Council of Justice, developing the background to the proposal for the creation of this figure and the comparative legislation with respect to similar figures in other countries. In this sense, the author presents the historical development of the process of appointing judges in Peru and reflects on the independence of the judiciary from the other branches of government. He also presents the regulations and institutions created in other countries in order to provide, in the author's terms, an adequate appointment of members of the judiciary.
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Publicado 1974
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The aim of this paper is to analyze the possibility of understanding law from the perspective of structuralism. For this purpose, the different structuralist expressions and doctrines are examined to determine their influence on the sciences. In this context, the concept of legal structuralism is developed in order to evaluate the feasibility of studying law from this approach. In this way, by defining structuralism from different approaches, it is concluded that it does not fit completely with law, since it is limited to certain areas and its study would be incomplete.
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Publicado 1973
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Beginning with a quest to comprehend the essence of creations and institutions, this article delves into the historical trajectory of the "nature of things" within legal discourse. Tracing its roots from Roman jurisprudence, which underscored the interplay between law and tangible entities, to the musings of modern philosophers, it scrutinizes how conceptions of the nature of things have underpinned legal foundations and interpretations over time. Contemporary viewpoints are also surveyed, illuminating themes such as the interplay between fact and value, the pursuit of justice, societal awareness, and the interplay between ideal and real elements. In navigating the intricate relationship between the "nature of things" and the law, the article posits that this concept serves as a substantive wellspring of legal doctrine and a lens for interpreting human behavior, thus constituting a pivot...
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