Juan Cianciardo

PARA QUÉ SIRVE EL DERECHO SI INCORPORA A LA MORAL

If we accept with Hart that Law intends to regulate human behaviour with the same categorical force that Morals does, the question concerning the distinction...

ARGUMENTATION, PRINCIPLES AND REASONABLENESS BETWEEN IRRATIONALITY AND RATIONALITY

The authors intention in this paper is to provide a summary account of the complex ambiguities, paradoxes and difficulties confronting the legal practitioner in todays world; that is, in the context provided by the constitutional state, and the pivotal points of the various alternatives that have been offered as theoretical-practical solutions. An attempt to resolve indecisiveness by resorting to constitutional principles opens up a range of problems. How do we explain the relationship between legal principles and rules? The answers to this question provided by irrationalism, rationalism and those who take the path of reasonableness are presented and compared.This paper has its genesis in the absence of constitutional protection in the proposals for updating the Cuban economic model. The overall objective of the research is to substantiate, through a contextualized doctrinal study on the principles of the economic order established in the constitution, the need for various constitutional amendments in Cuba that would provide constitutional backing for the changes taking place in the country as part of the bid to update its economic model.

ARGUMENTAÇÃO, PRINCÍPIOS E RAZOABILIDADE ENTRE A IRRACIONALIDADE E A RACIONALIDADE

The authors intention in this paper is to provide a summary account of the complex ambiguities, paradoxes and difficulties confronting the legal practitioner in todays world; that is, in the context provided by the constitutional state, and the pivotal points of the various alternatives that have been offered as theoretical-practical solutions. An attempt to resolve indecisiveness by resorting to constitutional principles opens up a range of problems. How do we explain the relationship between legal principles and rules? The answers to this question provided by irrationalism, rationalism and those who take the path of reasonableness are presented and compared.This paper has its genesis in the absence of constitutional protection in the proposals for updating the Cuban economic model. The overall objective of the research is to substantiate, through a contextualized doctrinal study on the principles of the economic order established in the constitution, the need for various constitutional amendments in Cuba that would provide constitutional backing for the changes taking place in the country as part of the bid to update its economic model.

Argumentación, principios y razonabilidad entre la irracionalidad y la racionalidad

The authors intention in this paper is to provide a summary account of the complex ambiguities, paradoxes and difficulties confronting the legal practitioner in todays world; that is, in the context provided by the constitutional state, and the pivotal points of the various alternatives that have been offered as theoretical-practical solutions. An attempt to resolve indecisiveness by resorting to constitutional principles opens up a range of problems. How do we explain the relationship between legal principles and rules? The answers to this question provided by irrationalism, rationalism and those who take the path of reasonableness are presented and compared.This paper has its genesis in the absence of constitutional protection in the proposals for updating the Cuban economic model. The overall objective of the research is to substantiate, through a contextualized doctrinal study on the principles of the economic order established in the constitution, the need for various constitutional amendments in Cuba that would provide constitutional backing for the changes taking place in the country as part of the bid to update its economic model.