Echoes of justice: between writing and orality

Due to the tendency to unify an oral and accusatory process system in Colombia, which is relatively recent compared to the consolidated one in its procedural history, this essay seeks to highlight the philosophical and literary foundations that underlie the apparent conflict between writing and oral...

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Main Author: Sebastián Rodríguez Cárdenas
Format: Article
Language:English
Published: Rede Brasileira Direito e Literatura 2017-01-01
Series:Anamorphosis
Subjects:
Online Access:http://rdl.org.br/seer/index.php/anamps/article/view/88
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author Sebastián Rodríguez Cárdenas
author_facet Sebastián Rodríguez Cárdenas
author_sort Sebastián Rodríguez Cárdenas
collection DOAJ
description Due to the tendency to unify an oral and accusatory process system in Colombia, which is relatively recent compared to the consolidated one in its procedural history, this essay seeks to highlight the philosophical and literary foundations that underlie the apparent conflict between writing and orality, revealing the surreptitious question of the validity of legal norms, as well as their manifestations as models of social coercion. In order to do so, we examine some founding accounts of the law as a written prescription and as an oral prescription in order to analyze, later and from Foucault’s perspective, the legal system of ancient Greece and the birth of a contemporary orality structured from the written text.
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spelling doaj.art-1d63997f630e4871a718f032049eb4182022-12-22T00:34:49ZengRede Brasileira Direito e LiteraturaAnamorphosis2446-80882446-80882017-01-012232134810.21119/anamps.22.321-348197Echoes of justice: between writing and oralitySebastián Rodríguez Cárdenas0Universidad de ManizalesDue to the tendency to unify an oral and accusatory process system in Colombia, which is relatively recent compared to the consolidated one in its procedural history, this essay seeks to highlight the philosophical and literary foundations that underlie the apparent conflict between writing and orality, revealing the surreptitious question of the validity of legal norms, as well as their manifestations as models of social coercion. In order to do so, we examine some founding accounts of the law as a written prescription and as an oral prescription in order to analyze, later and from Foucault’s perspective, the legal system of ancient Greece and the birth of a contemporary orality structured from the written text.http://rdl.org.br/seer/index.php/anamps/article/view/88oralidad primariaoralidad secundarianomosthesmósleyes no escritas
spellingShingle Sebastián Rodríguez Cárdenas
Echoes of justice: between writing and orality
Anamorphosis
oralidad primaria
oralidad secundaria
nomos
thesmós
leyes no escritas
title Echoes of justice: between writing and orality
title_full Echoes of justice: between writing and orality
title_fullStr Echoes of justice: between writing and orality
title_full_unstemmed Echoes of justice: between writing and orality
title_short Echoes of justice: between writing and orality
title_sort echoes of justice between writing and orality
topic oralidad primaria
oralidad secundaria
nomos
thesmós
leyes no escritas
url http://rdl.org.br/seer/index.php/anamps/article/view/88
work_keys_str_mv AT sebastianrodriguezcardenas echoesofjusticebetweenwritingandorality