Abstract

MORENO DURAN, Alvaro; SANDOVAL MESA, Jaime Alberto; TORREGROSA JIMENEZ, Norhy Esther  and  TORREGROSA JIMENEZ, Rodolfo. The hybrid law within the framework of transitional justice in Colombia. Rev. repub. [online]. 2019, n.27, pp.89-104. ISSN 1909-4450.  https://doi.org/10.21017/rev.repub.2019.v27.a68.

This article of reflection arises in the framework of the research project «The challenges of public law in the implementation of peace processes in Colombia» of the CIFRAVI Research Center. The same one, intends to make a theoretical and methodological reflection, and that arises as an alternative proposal to those already inventoried in the state of the situation on Transitional Justice. For this purpose, the hypothetical idea is based on the consideration of the Colombian state as a hybrid state, consequently, transitional justice would be affected because the field in which it is located is also hybrid. The reflection is based on legal sociology specifically from the theory of the Fields, elaborated by the sociologist Pierre Bourdieu.

In the first part of the article, the theoretical assumptions on which the concept of Legal Field is based, and the possible Colombian Hybrid State, are illustrated here with determining passages of the history of the country from which hybridity can be inferred.

In the second part, the theme of transitional justice and the Colombian hybrid legal field are explored with the paradoxically positive possibilities that this condition would bring with a view to possible outcomes in the peace agreements.

Keywords : Legal Field; Transitional Justice; Hybrid State.

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