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1
artículo
Publicado 2014
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This article presents in general terms the nature and characteristics of some of the key legal institutions of taxation such as tax legal relationship, the principal tax liability and payment as means to cease the obligation (before the actions that can display the State for tax debt collection) and also explaining the most important legal policy issues that such institutions have received in Peru.
2
artículo
Publicado 1971
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The aim of this article is to reflect on the methodology of legal research in Latin America. In this context, the author criticizes the traditional legal research, which has focused, especially, on the normative comparison, and not on the social reality and the purpose of the Law with the social change. Due to this, a type of dynamic legal research is proposed that analyzes the different legal manifestations with the support of interdisciplinarity, such as social sciences. For this, the author points out, it is necessary to stop conceiving the Law as an isolated phenomenon, and start to understand it as part of society; likewise, it must be valued as a tool at the service of the community. In this regard, it is important that the new legal research reflects an instrumental end that allows the Law to be a means that links to the social reality and allows social change.
3
artículo
Publicado 2009
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Jointly with other professors, we began several interdisciplinary investigations aimed at establishing relations between the law and information technology. The central subject of the investigations was the legal communication, and more specifically, the study of the possibility of providing scholars, through thesaurus, with the storage and recovery of legal documentation, using the information and communication technologies as an auxiliary instrument. As soon as the internet was materialized, another type of research appeared, considering the requirements to be met to guarantee the rights of persons to freely communicate their thoughts in the recovery of or access to the information. The referred works were those dedicated to the management of electronic identification and signature. At present, we return to the idea of the thesaurus combining it with the idea of the signature, in an at...
4
artículo
Publicado 2009
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Jointly with other professors, we began several interdisciplinary investigations aimed at establishing relations between the law and information technology. The central subject of the investigations was the legal communication, and more specifically, the study of the possibility of providing scholars, through thesaurus, with the storage and recovery of legal documentation, using the information and communication technologies as an auxiliary instrument. As soon as the internet was materialized, another type of research appeared, considering the requirements to be met to guarantee the rights of persons to freely communicate their thoughts in the recovery of or access to the information. The referred works were those dedicated to the management of electronic identification and signature. At present, we return to the idea of the thesaurus combining it with the idea of the signature, in an at...
5
artículo
Publicado 1968
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The author starts from the approach of the legal philosopher Nicos Poulantzas, who proposes to reconcile the philosophy of law with an existential-Marxist vision. Thus, Poulantzas analyzes the importance of phenomenology and from it seeks to discover the relationship between fact and value, finding in existentialism the essential requirements to counteract the problems brought about by phenomenology and, in this way, reconcile fact and value. From this premise, value and fact are conceived as two moments of the human act that must be understood in a normative sociological context. At another point, Poulantzas will also address the link between freedom and necessity, as well as the function of law within society. Finally, for the author, Poulantzas does a meritorious work that seeks to analyze law from a perspective devoid of the juridical positivism that many jurists currently prof...
6
artículo
Publicado 2019
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This article reviews the processes of consolidation of the principle of legality and of the criminalisation of crimes against humanity in international criminal law from a historical perspective. It starts with the Nuremberg Tribunal of 1945 and then traces the development of these two processes side-by-side: the enshrinement of the principle of legality in a series of universal treaties protecting human rights between the 1960s and the 1980s and the criminalisation of crimes against humanity in the Statutes for the International Criminal Tribunals for the former Yugoslavia and for Rwanda and in the Rome Statute of the International Criminal Court.
7
artículo
Publicado 2019
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In a Constitutional State of Law, constitutional law of human rights could not be reduce to Constitutional rules. It calls for the developing of material and formal categories that would allow to display human rights, from the constitutional summit of the legal system to all domains with legal relevance to the human being. Constitutional law of human rights claims first of all, for a material concept of human rights that could place the human being as start and ending point. It also claims for the building of a concept of rule that could allow to respect the authority of its legal maker sources, and at the same time could be flexible enough to work with the constitutional rules produced at the domestic law, as far as with those who could come from abroad. Only in this way could be possible to attend with adequacy, also argumentative, the different problems created by the aggregat...
8
artículo
Publicado 2024
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Trust being a vital aspect of historical development in all societies of the world and it is through it that the legal provisions that safeguard and protect the interests of individuals in society are established, which is why the transit in terms of Its study must start from the initial state of the human being as a social individual, a step for the subsequent creation and appearance of the State until today where it is related to the various areas of daily life. In this script, it is necessary to approach the subject not from its literal analysis provided for in the current administrative legislation, but to start it from its historical analysis to identify why it is especially associated with the public sphere and in this way to understand the dogma that it achieves its incorporation into law as a social science that seeks to frame social reality through the establishment of legal pro...
9
tesis de maestría
Publicado 2018
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The following thesis is a researching project to assist Hermes Law company to overcome challenges regarding pricing and marketing facing the legal industry in the United States. As part of the Double Degree program within Esan University and the University of Dallas, I was a participant of the Capstone Team that developed this project. The principal objective of this work was to research the Legal Industry, specifically regarding to price strategy and advise Hermes Law what would be the best option they could take. Hermes Law desired to have an innovative way of pricing their services and we had several reunions with them to fully understand what they were expecting as our Capstone Client. To start, the Capstone Team executed primary and secondary analysis in the Legal Industry. After gathering and analyzing all the relevant information, we dedicated various weeks in developing attractiv...
10
artículo
The article starts from the political-juridical concept of constitutionalism or constitutionalismsand asks for the implications that these concepts may have for the economic concepts of constitutionalism and constitutionalization related to international investment law. Specifically, the article asks itself if the theoretical debate relative to the political-juridical concepts of constitutionalism have any implications on the debate regarding the constitutionalization of international investment law and the problems of lack of coherence and consistency displayed by the arbitral awards of international investment law. The article concludes in answering what would be the effects of the extrapolation of said theoretical concepts over the balance of probabilities of success for States and investors in international arbitration.
11
artículo
Publicado 2014
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Starting from fifty citations from primary sources, this article tries to summarize a recent doctoral thesis on the transformation of traditional ius commune contract law in moral theological treatises from the early modern Catholic world. Firstly, it will be shown how theologians borrowed from the Romano-canon legal tradition to develop moral doctrine. Secondly, this contribution will try to demonstrate that the traditional conception of contract was fundamentally changed in the works of the theologians. The conclusion will be that theologians developed a doctrine of contracts which redefined contract on the basis of the autonomy of the will, without remaining insensitive to the political, moral and spiritual context in which the homo viator tried to live a God-pleasing life.
12
artículo
This paper is about the anthropology and sociology of law as an interdisciplinary education. The author starts pointing what we do understand by interdisciplinary: two or more integrated disciplines that co-work to achieve the same goal. He points that this work is enlightening for the involved disciplines. Furthermore, he indicates the differences of this concept with the multidisciplinary and the transdisciplinary. Further on, he mentions that the interdisciplinary education has the learning and teaching as a key aspects in order to accomplish a deeper understanding. He specifies that we found the interdisciplinary education in three levels: research work, educational work and professional career; however, he elaborates the first two only. Then, he points the experience of the interdisciplinary education as a legal anthropology and as a legal sociology. First, from the legal anthropolo...
13
artículo
Publicado 1986
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This article addresses the teaching of Roman Law at the University of Mexico, highlighting its relevance throughout the nineteenth and twentieth centuries. During the colonial period, this discipline was the mainstay of legal education at the university, following the model of European universities. Later, after independence, Patriotic Law started to gain prominence, although Roman Law continued to be essential. However, in 1907 it was eliminated from the compulsory curriculum, being limited to specialties. Then, in 1913, it was reintroduced as a required subject due to its importance for the formation of solid legal criteria. In the twentieth century, multiple modifications were made, being relevant the reform of 1922, which replaced the Roman Law courses by four courses of History of Law, although the first continued to be the basis of the historical legal study. Finally, the author co...
14
artículo
Publicado 2019
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During the last decade, the failure to meet public works execution deadlines has been a frequent matter. Particularly among the electricity sector, private companies have loosened established project execution deadlines by resorting to force majeure as a justification for obtaining an extended deadline. However, have these granted extensions really been justified in events of force majeure?.In this article, the author explains the regimes under which electric concessions are granted to further detail the regulation established electric project deadlines and the consequences of its non-compliance. Subsequently, the author reviews the regulation and doctrine on force majeure and lastly, acutely analyzes its use as justification in the deadline extensions granted in recent years.
15
artículo
Publicado 2024
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Private international law in the Americas was successfully and consistently developed in recent decades through the Inter-American Specialized Conferences, an organ of the Organization of American States, and whose starting point was CIDIP-I, held 50 years ago, in 1975. The last Conference was convened 15 years ago, which might show a certain paralysis of the codification process. Given the important contribution that the region has made to the development of universal private international law and the great impact that the results of the Specialized Conferences had on transnational private relations, it is more than necessary to explore what are the tools and mechanisms that the inter-American system itself offers us today to resume the codification and progressive development of this branch of law, including, if applicable, the use of soft law rules. To take a look at the work of the S...
16
artículo
This article samples possible uses of psychoanalysis in law from the academic work of Joseph Goldstein and Jay Katz. Both start to recognize the importance of psychoanalysis to provide a serious and courageous attention to the non-rational dimensions of the human being, we should be aware in the world of law. Starting from this premise, the author explores two possible uses of psychoanalysis in law: one represented by Goldstein, focuses on using «psychoanalytic premises to resolve legal disputes», for example by providing psychoanalytic information to determine the best interests of the child in cases of custody, while the other, represented by Katz, who seeks to «create an awareness of conflict where all of the actors had previously been locked in a mutually reinforcing fantasy that no conflict existed», as it occurs in doctor-patient relationship, in order to rethink standards that...
17
artículo
The Women’s Law discussed in book V of the Republic, known as the first wave, is a notorious example of Socrates’ reformist intention to achieve justice in the polis. The legislation for women, in general, has historically been relegated by the Republic interpreters. This paper aims to analyze this passage, from 449a to 457c, through the arguments provided by Socrates seen as crucial to conceive equality between the sexes (under the ontological foundation of the same human nature) as well as to favor institutional change according to nature, kata physin, thus opening the possibility for women to govern the polis. Before leaving for the external confrontation, Socrates considers it urgent that his interlocutors, Adeimantus, Glaucon, and Polemarchus, agree with each other. Thus, he urges them to start the argument by questioning the human nature of women and their capacity for the...
18
artículo
The Women’s Law discussed in book V of the Republic, known as the first wave, is a notorious example of Socrates’ reformist intention to achieve justice in the polis. The legislation for women, in general, has historically been relegated by the Republic interpreters. This paper aims to analyze this passage, from 449a to 457c, through the arguments provided by Socrates seen as crucial to conceive equality between the sexes (under the ontological foundation of the same human nature) as well as to favor institutional change according to nature, kata physin, thus opening the possibility for women to govern the polis. Before leaving for the external confrontation, Socrates considers it urgent that his interlocutors, Adeimantus, Glaucon, and Polemarchus, agree with each other. Thus, he urges them to start the argument by questioning the human nature of women and their capacity for the...
19
artículo
Publicado 2024
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In their first contact with the professional world, law students experience diverse situations in which the law that regulates their internships is violated. In this research, we seek to understand how law students formulate those experiences, that is, the way in which they give them a particular meaning. Drawing from hermeneutical approaches to psychoanalysis, we start by recognizing that the way in which people formulate their experiences is not neutral: between different possible meanings, people elude those that show an intolerable image of themselves and their context. In this paper, we argue that law students don’t formulate the situations they experience, in which regulation and their rights are violated, as illegalities and violations of professional ethics standards. On the contrary, in different manners, they justify what happens, adapting to the events with fatalistic views ...
20
artículo
Drawing on the critical race theory, this text proposes to investigate how the mechanisms of institutional racism act in the different spheres of the State through an in-depth study of the case of Algendones. Using documentary sources, but also interviews, the work develops a socio-legal analysis of the case of denunciation of racial discrimination in Peru. The methodology is based on storytelling or the experience of the victim in different parts of the process. It starts from the premise that anti-black racism is a system of oppression historically built from the colonial past as a legacy of racial enslavement. This legacy has an impact on legal practice and theory by limiting the scope of the category of the human and, therefore, of the subject of law. Specifically, the category of fungibility is used as an element of survival of racial slavery that acts as an impediment to prosecute ...
