Legal rules: an approach from the Legal Conventionalism and Economic Analysis of Law
The General Theory of Law has been changing along the development of globalization as an economic and cultural phenomenon. From this perspective the study of law has also been going through changes, aimed to explore new ways of compression and promotion of the legal phenomenon. This study offers two...
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Format: | Article |
Language: | Spanish |
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Universidad La Gran Colombia
2016-07-01
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Series: | Inciso |
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Online Access: | http://revistas.ugca.edu.co/index.php/inciso/article/view/563 |
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author | Luis Fernando Bermeo Álvarez |
author_facet | Luis Fernando Bermeo Álvarez |
author_sort | Luis Fernando Bermeo Álvarez |
collection | DOAJ |
description | The General Theory of Law has been changing along the development of globalization as an economic and cultural phenomenon. From this perspective the study of law has also been going through changes, aimed to explore new ways of compression and promotion of the legal phenomenon. This study offers two analysis of the way of conceiving the law of a society, first, from a descriptive perspective, which responds to the legal conventionalism, in which the research results will be presented on the concept of existence of legal rules, that tries to explain two key aspects in the creation of law, one social (conventionalism) and other systemic (positivism); and second, from a functional perspective, in which will be presented the preliminary results of an investigation about the operation of legal norms within a society using the theory of Economic Analysis of Law, where the role of legal rules is seen as price. At the end it will be synthesized some conclusions about the common points between these two approaches. |
first_indexed | 2024-12-23T20:41:14Z |
format | Article |
id | doaj.art-6e409e55c3b6474c95e3c099969dbfc7 |
institution | Directory Open Access Journal |
issn | 1794-1598 2346-0792 |
language | Spanish |
last_indexed | 2024-12-23T20:41:14Z |
publishDate | 2016-07-01 |
publisher | Universidad La Gran Colombia |
record_format | Article |
series | Inciso |
spelling | doaj.art-6e409e55c3b6474c95e3c099969dbfc72022-12-21T17:31:55ZspaUniversidad La Gran ColombiaInciso1794-15982346-07922016-07-011819910710.18634/incj.18v.1i.563388Legal rules: an approach from the Legal Conventionalism and Economic Analysis of LawLuis Fernando Bermeo Álvarez0Universidad de CartagenaThe General Theory of Law has been changing along the development of globalization as an economic and cultural phenomenon. From this perspective the study of law has also been going through changes, aimed to explore new ways of compression and promotion of the legal phenomenon. This study offers two analysis of the way of conceiving the law of a society, first, from a descriptive perspective, which responds to the legal conventionalism, in which the research results will be presented on the concept of existence of legal rules, that tries to explain two key aspects in the creation of law, one social (conventionalism) and other systemic (positivism); and second, from a functional perspective, in which will be presented the preliminary results of an investigation about the operation of legal norms within a society using the theory of Economic Analysis of Law, where the role of legal rules is seen as price. At the end it will be synthesized some conclusions about the common points between these two approaches.http://revistas.ugca.edu.co/index.php/inciso/article/view/563Análisis económico del derecho, convencionalismo jurídico, Estado de derecho, globalización, norma jurídica. |
spellingShingle | Luis Fernando Bermeo Álvarez Legal rules: an approach from the Legal Conventionalism and Economic Analysis of Law Inciso Análisis económico del derecho, convencionalismo jurídico, Estado de derecho, globalización, norma jurídica. |
title | Legal rules: an approach from the Legal Conventionalism and Economic Analysis of Law |
title_full | Legal rules: an approach from the Legal Conventionalism and Economic Analysis of Law |
title_fullStr | Legal rules: an approach from the Legal Conventionalism and Economic Analysis of Law |
title_full_unstemmed | Legal rules: an approach from the Legal Conventionalism and Economic Analysis of Law |
title_short | Legal rules: an approach from the Legal Conventionalism and Economic Analysis of Law |
title_sort | legal rules an approach from the legal conventionalism and economic analysis of law |
topic | Análisis económico del derecho, convencionalismo jurídico, Estado de derecho, globalización, norma jurídica. |
url | http://revistas.ugca.edu.co/index.php/inciso/article/view/563 |
work_keys_str_mv | AT luisfernandobermeoalvarez legalrulesanapproachfromthelegalconventionalismandeconomicanalysisoflaw |