Limites culturales a la pena recepción del derecho moderno en Colombia. En torno a los orígenes coloniales de la cultura del incumplimiento
This paper argues that the reception of modern law in Colombia failed to abolish or overcome a set of practices, relationships and social hierarchies of a historical period prior to Modernity. Thus a social context is preserved which, to a great extent, promotes a type of society and of right contra...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6731089 |
| Source: | Revista Mario Alario D'Filippo, ISSN 2256-2796, Vol. 8, Nº. 16, 2016, pags. 85-104 |
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| Summary: |
This paper argues that the reception of modern law in Colombia failed to abolish or overcome a set of
practices, relationships and social hierarchies of a historical period prior to Modernity. Thus a social
context is preserved which, to a great extent, promotes a type of society and of right contrary to the
foundations underlying the liberal political project and modern law. In this vein, this tradition based on
custom constitutes an empirical limit to the full development of legal modernity in Colombia. This Pactist
Tradition of colonialism, characterized by pacts between comparable forces and the flexible interpretation
of legal norms, has permeated the evolution of modern law in Colombia to the point of naturalizing
phenomena such as the growing culture of non-compliance with rules. This culture hinders the conditions
for the possibility of a true and complete interference of the juridical forms within the processes of social
transformation, creating a border between law and society, which considerably diminishes the guarantees
that allow the formation of a democratic culture in Colombia. |
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