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Ius Humani. Law Journal

iushumani
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Published by Universidad de Los Hemisferios

ISSN : 1390440X EISSN : 13907794 DOI : -

Core Subject : Humanities, Art, Social,

Arts Humanities Law, Crime, Criminology & Criminal Justice

Ius Humani Law Journal is a platform (iushumani.org) open to researchers around the world. It contains articles in all languages, where writers publish original studies on persons rights (natural, human or constitutional) and about the effective procedures for the protection of rights. The studies are viewed both form the philosophical perspective and the perspective of the fundamental juridical principles. Ius Humaniâ€™s purpose is the diffusion of knowledge, and the promotion of debate on different juridical perspectives.

Arjuna Subject : -

Articles 225 Documents

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Los paradigmas de redacción normativa como medio para alcanzar la seguridad: ¿una apuesta segura? Fernando Centenera Sánchez-Seco
Ius Humani. Jornal do direito Vol 3 (2012)
Publisher : Universidad Hemisferios

Different works concerned with the drafting of legislation consider that its language should be simple, clear and precise if it is to offer legal certainty. However legal certainty is understood, at first sight this position seems to be supported by numerous arguments, as when legal certainty is analyzed as a quality of law (in relation to accurate guidance, legal firmness and legal efficacy), as formal justice (with all that implies for liberty and equality) and as material justice (in relation, for example, to the protection of fundamental rights). However, on closer examination there also appear to be reasons for thinking that the stated paradigms for drafting do not always make for legal certainty and that in certain circumstances complex, vague or imprecise language may have its uses. That being so, the simplicity-clarity-precision guideline needs reformulating. To pursue this objective, a number of suggestive tools that may be applied to those circumstances are available in legislation theory. This paper advocates the implementation of a system of rationality which is capable of covering the diagnosed circumstances, a system organized into different levels of rationality where there would be room for both questions of language and of legal certainty.

Justiciabilidad de los derechos sociales Gabriel Galán Melo
Ius Humani. Jornal do direito Vol 5 (2016)
Publisher : Universidad Hemisferios

Since 2000, social rights have gained prominence in our countries (Andean countries), inside the Doctrine, and in the worldwide and regional organizations, for the protection of human rights. These have been raised as apparent leveling mechanisms between the real freedom of each of the individuals and legal freedom, that the constitutional and legal framework recognizes them. In Latin America, due to considerable levels of inequality and poverty, an effective model of comprehensive and reasonable social rights, that can really ensure the factual freedom of all citizens alike are looking for. So, the imposition of a single model that reaches theoretically equate factual or real freedom of all citizens, but one that also ensure, its justiciability despite the implications that would result in the budgetary policy of the state is not enough. Thus, it seems relevant the creation of a Latin American Doctrine on social rights, taking into consideration that a latent danger that lurks behind the discourse of such rights is the social demobilization caused by the Latin neopopulism and should propose, in this case, the construction of a national system for optimal protection with additional security systems, regionally and internationally protection and its appropriation by the population in the political and legal practice. It means, an integrated multi-level social rights protection system.

Cover page, index and policies
Ius Humani. Jornal do direito v. 5 (2016)
Publisher : Universidad Hemisferios

El thelos de la protección de los datos personales ante el derecho al acceso a la información Javier Nájera Montiel
Ius Humani. Jornal do direito Vol 1 (2008)
Publisher : Universidad Hemisferios

This text aims to analyze and study of three high-profile figures, such as the right to information, personal data and privacy, institutions currently have acquired a transcendental value, resulting in new forms of power and handling, tools and control means. Therefore, we first analyzed the right of access to information and personal data then. End this investigation with the study of privacy, as the axiological aspect of the protection of personal data.

Fines, valores y principios comunes a la propiedad intelectual, al derecho a la competencia y a otros derechos Juan Carlos Riofrío Martínez-Villalba
Ius Humani. Jornal do direito Vol 3 (2012)
Publisher : Universidad Hemisferios

This paper aims the definition of which are the pourposes, values and common principles of intellectual property, competence law of advertising, consumer and information. It shows how the principles are anchored in values, and these in turn into rights purposes, making palpable the hierarchy such purposes, values and principles have in the legal system. Thus, the outcome of the research is threefold: (i) definition of the purposes, values and principles common to these areas of law, (ii) its interface, and (iii) their ranking.

La Acción de Protección como mecanismo de garantía de los derechos: configuración institucional, práctica y resultados José Luis Castro Montero; Luis Santiago Llanos Escobar; Pablo Sebastián Valdivieso Kastner; Wladimir García Vinueza
Ius Humani. Jornal do direito Vol 5 (2016)
Publisher : Universidad Hemisferios

Since 2008, the Ecuadorian Constitution introduced several changes in the institutional layout of constitutional mechanisms intended to protect fundamental rights. The present work analyzes protective action (PA) —acción de protección—, a constitutional guarantee which was created to safeguard and protect constitutional rights against acts or omissions of non-judicial public authorities or non-public actors. In absence of empirical evidence about how the PA works, this study evaluates its performance through a quantitative analysis of an original database. Thus, this study explores the operation of the PA in Quito, covering first instance and appellate court decisions, issued between November 2008 and June 2014. Then, patterns in the resolution of this constitutional guarantee are described. The results show a limited performance of the PA, as it is insufficient to guarantee and repair fundamental rights, mainly when the state acts as the defendant.

Libertad de expresión y límites democráticos José Luis Castro-Montero
Ius Humani. Jornal do direito Vol 6 (2017)
Publisher : Universidad Hemisferios

There is a significant literature justifying why freedom of speech should be seen as a fundamental right. At the individual level, freedom of speech should be protected to further autonomy. In the public domain, freedom of speech is not only essential for the discovery of truth through the marketplace of ideas, but also fosters citizens’ checks over public officials. The present essay takes an alternative but at the same time integrative approach, by stating that freedom of speech is a necessary condition of political legitimacy and democratic equality. This is particularly important to understand the limits of freedom of speech, as certain laws forbidding free speech may also annihilate political legitimacy to enforce non-discriminatory regulation. In this regard, special laws that protect public officials defamation produce an unintended effect over dissident voices, as these laws exclude them from public debates. Conversely, legitimacy of non-discriminatory laws is justified when opinions are publicly expressed. Advancing this unintended effect of non-discriminatory regulation enforcement, this essay explores the close interdependency of public opinion, political legitimacy and democratic equality. Particularly the Ecuadorian case serves well to illustrate this viewpoint.

Sulla illiceità dell'aborto Gustavo Arosemena
Ius Humani. Jornal do direito Vol 6 (2017)
Publisher : Universidad Hemisferios

Abortion is seen as an immoral and unjust act by many. Nonetheless these views are under pressure to conform to the learned opinion on abortion. A variety of prestigious in the field of applied ethics support abortion in one way or another. And it is a dogma of modern liberalism that even if one is personally opposed to abortion, one must accept the neutral solution of its public permissibility. The present article defends the thesis that abortion is immoral and unjust against these contentions. With regards to the moral status of abortion, it argues that the prohibition of abortion is off a piece with the prohibition of killing generally, which is characterized by protecting all human beings equally. With regards to the compatibility of abortion permissibility with liberalism, the article argues that such a compromise is not neutral, but heavily rigged in favor of the interests and world-views of abortion proponents.

Aborto, derecho e ideología Claudia Escobar García
Ius Humani. Jornal do direito Vol 1 (2008)
Publisher : Universidad Hemisferios

This work explains that the discourses opposing the criminalization ofabortion and that reject the constitutional rules that protect human life,are an artificially constructed ideology made only to justify abortion,and hide the asymmetrical relations of power between women and theunborn. In order for this purpose, these arguments are identified andsubjected to critical analysis, demonstrating that it is purely emotionaland lacking fundaments.

Hervada, J. (1981, 2001). Introducción crítica al derecho natural. Pamplona: EUNSA. Esteban Javier Mosquera Cabrera
Ius Humani. Jornal do direito Vol 2 (2010)
Publisher : Universidad Hemisferios

This review provides a comparison between the different editions of the famous work of Hervada, discussed here. The outcome of this analysis arise five new hermeneutical rules that analyze how to interpret positive law or agreement that eventually undermine the natural law. It is also evident that the principles proposed by Hervada are a good basis for general legal hermeneutics.

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