Abstract

QUINTERO CALVACHE, Juan Carlos. Legitimacy out of the instituting power: limits of the validity in the victims' law. Prax. filos. [online]. 2013, n.36, pp.203-224. ISSN 0120-4688.

This article shows the problem which represents the effective reparation for the internal armed conflict victims, the legalistic contradiction in which legitimacy is part of the Law of Victims and Land Restitution as a component of the regulatory system of transitional justice in Colombia, which favors a positivist conception that exhales the belief in the legality of the procedures above ontological conception of legitimacy that recognizes the power of judgment instituting the victims of the civil war in Colombia. This will become an apparent contradiction contrasting the positive Weberian legitimacy position to the principle of legitimacy, which postulates Carl Friedrich and communication principle formulated by Jürgen Habermas for normative validity, trying to offer a way out of this impasse from conception faculty of judgment posed in his law of truth Jacques Poulain

Keywords : Legality; validity; instituted; instituting; trial.

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