Abstract

DAMIAN LAISE, LUCIANO. NATURAL LAW AND THE CONSTITUTIONALITY OF CRIMES AGAINST HUMANITY: BASIS FOR AN APPROACH TO THE OBLIGATION TO OBEY THE LAW IN THE SIMÓN CASE. Díkaion [online]. 2015, vol.24, n.2, pp.336-352. ISSN 0120-8942.  https://doi.org/10.5294/DIKA.2015.24.2.6.

The article looks at the "Simon" case in which the Supreme Court of Argentina declared the Full Stop Law (23.492) and the Law of Due Obedience (23.521) unconstitutional and void. These laws waived prosecution of crimes against humanity, supposedly for the sake of peaceful social coexistence. The perspective adopted in this article focuses on defending the notion that the decision of the Argentine court rests on a trans-positivist vision of the law. More specifically, it is based on a concept of obedience of the law that would be compatible with one of the central hypotheses of the iusnaturalist tradition.

Keywords : Natural right; duty to obey the law; Supreme Court of Argentina; crimes against humanit.

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