The legal argumentation of the classic natural law as a necessary exercise; [A argumentação jurídica do jusnaturalismo clássico como exercício necessário]

Acosta-Yparraguirre E. · Estudios de Derecho (2024) · DOI: 10.17533/udea.esde.v81n177a5

Resumen

The discussion about the rational and the reasonable is constantly rejuvenated due to the endless cycle of questions about the content of the argument and how to decide in conflicts. The most referenced evaluations are usually weakened by their subjectivity. The alternatives that include appealing to the audience-that is, what is reasonable-, are appreciated for their proximity to society, but the negotiation of the discourse excludes in itself a measure that serves as an indicator for the Law. Classic natural law, according to our proposal, acquits this with its five most important criteria: Human Being, basic values, ends, the fair and the common good. Due to its universal character and its guarantee of objectivity.

Instituciones: Universidad San Ignacio de Loyola