Aplicación o procedibilidad: Algunas reflexiones acerca del proyecto jurídico moderno

The modern judicial project needs a new philosophie for the legal system, in which the welfare state is essential, considering that it is called on to be third party in care of disagreement in legal issues turns up it should mediate or arbitrate; this, with the purpose of resolving the differences between those parties that are part of the dispute. In reference with the arbitrator we must have in mind two things: on one hand, he is bound by the evidence that is given to him and on the other, he is bound by the idea of justice for the parties involved.

The judicial project is developed based on argumentation; this makes the sources of the law a vital foundation for the modern judicial project, at the same time, is has to give independence to the subjects that intervene, considering that the welfare state should not be a paternal state, on the contrary it should be recognized by its objectivity.

This content has been updated on November 4, 2015 at 18 h 20 min.