Abstract

HERRERA TAPIAS, Beliña; CERTAIN RUIZ, Roberto  and  CALDERON MERCADO, Manlio. Hypothetical fundamental rule from the interpretive paradigm. Justicia Juris [online]. 2014, vol.10, n.2, pp.17-27. ISSN 1692-8571.  https://doi.org/10.15665/rj.v10i2.324.

In order to determine the role of the principles in the social system, it is necessary to set the origin of these principles. Moreover, it is important to address the epistemological needs addressing in this article. This is the results of a research entitled: "The content of the fundamental rule from the interpretive paradigm" that was developed in the framework of the research on Constitutional and administrative law by the research group of the Law faculty. The problem of the origin of the principles that form the content of the Basic Fundamental is that its content of the law relies on the legal system. However, this system must be based on principles that do not have a unique and exclusive origin, considering all disciplines and systems that make up society. The study focuses on two fundamental paradigms that can serve as a model from the current social postmodernism, such as: 1) rational discourse and communication; 2) this could be called the chaos theory based on the imbalance, stress and crisis social systems. To this end, a legal methodology was used with a qualitative approach, applying the so-called Grounded Theory by Strauss and Corbin, which allows us to build a theory from the collection, analysis and investigation of qualitative data related core.

Keywords : Rule; system; action; rationality; communication; imbalance.

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