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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Main Author: Luis Fernando Bermeo Álvarez
Format: Article
Language:Spanish
Published: Universidad La Gran Colombia 2016-07-01
Series:Inciso
Subjects:
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.
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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
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