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All Journal Ius Humani. Law Journal
Riofrío Martínez-Villalba, Juan Carlos
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Arts Humanities Law, Crime, Criminology & Criminal Justice

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Cover page, index and policies Riofrío Martínez-Villalba, Juan Carlos
Ius Humani. Jornal do direito v. 6 (2017)
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (352.054 KB) | DOI: 10.31207/ih.v6i0.178

Abstract

The Repealed Prohibition of Baptism and Religious Marriage, Without the Previous State Process, Approval and Register Riofrío Martínez-Villalba, Juan Carlos; Baquero de la Calle Rivadeneira, Jaime; Espinosa Quiroz, Pablo Marcelo; Aguilar González, Juan Pablo
Ius Humani. Jornal do direito Vol. 10 N.º 1 (2021): Ius Humani. Revista de derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i1.276

Abstract

This study explains how the Ecuadorian registry regulation has evolved related to the prohibition of celebrating baptism and religious marriage without having managed the identity registry and having carried out the civil marriage previously. Curiously, this prohibition was born in the Ecuadorian legal system with the advent of the secular State. From then, some constitutionalists experts observed that it was a contradiction to proclaim the separation of Church and State, allowing the State to control the sacraments of the Christian community by imposing prohibitions. Fortunately, the latest regulatory reforms of the Public Registry have eliminated such prohibition. However, some ecclesiastical sectors continue acting as if it still exists. These matters are analyzed with a casuistic, historical, and legal method that illustrates how the regulation had evolved and which is the current standard today. The analysis is divided into four sections. The first section identifies the problem and explains the current practices within the Catholic Church, despite the regulation changes. The second section describes certain cases where it is no longer convenient for the Church to require a civil certificate to officiate ecclesiastical ceremonies. The third section provides a historical and legal perspective of the Ecuadorian legislation. Finally, it is concluded that today the prohibition against celebrating baptism and religious marriage without the mediation of State registries has ceased to exist, and the Christian authorities are urged to review whether their practices can be better adapted to the new legal framework.
How to Deduce Human Rights From Natural Law and Other Disciplines Riofrío Martínez-Villalba, Juan Carlos
Ius Humani. Jornal do direito Vol. 12 N.º 2 (2023): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v12i2.327

Abstract

This research aims to detect the methodologies scholars use to conclude what is a human right or a natural right. For most of them, the mere citation of an article of the constitution or law does not provide enough justification for rights, and they usually resort to other supra-positive elements which are summarized in the " Natural Law Formula". Commonly, they will appeal to human dignity, some psychological or natural inclinations, the values of society, some important goods, goals and means, and to certain principles coined in different places of the legal system. This Article discuss how authors deal with these starting points in their analysis, which precisely are the main elements of the mentioned formula. After showing how the formula works in the human rights field, we consider new possible applications of the versatile formula. It can be used deducing legal conclusions from general principles, ends, values and other elements, and inferring general standards from specific cases, as well. While scholars tend to use the deductive methodology that goes from the general to the particular, courts use the inductive methodology that goes from the case law to the general rules and standards. Finally, the Article introduces new applications of the formula in different sciences and arts related to the human being, like anthropology, ethics, and economics. Thus, this study shows how the formula can be used to develop interdisciplinary studies.
Co-Authors Aguilar González, Juan Pablo Baquero de la Calle Rivadeneira, Jaime Espinosa Quiroz, Pablo Marcelo