Principialismo y legalismo: una aproximación normativa
Cuadernos Electronicos de Filosofia del Derecho, ISSN: 1138-9877, Issue: 50, Page: 137-164
2023
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Example: if you select the 1-year option for an article published in 2019 and a metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019. If you select the 3-year option for the same article published in 2019 and the metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019, 2018 and 2017.
Citation Benchmarking is provided by Scopus and SciVal and is different from the metrics context provided by PlumX Metrics.
Article Description
This paper questions the descriptive nature of principialist theories such as postpositivism or neoconstitutionalism and also of legalistic theories and it advocates an openly normative reading of their theses. For the emergence of principles or the constitutionalization of legal systems are not theoretically independent objective facts, but the result of the spread among the legal community of theories about the way in which law should be settled or the way in which its rules should be applied. Hence the debate between principialists and legalists is analyzed, seeking fundamentally to highlight their respective positions regarding the type of government that operates when legal norms reproduce the features according to which principles and rules have been defined, so enabling an assessment of the desirability of these models of government and of the changes in the configuration of legal systems that imply their principialization or rulelization.
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