Abstract

MENDEZ CABRITA, Carmen Marina; CHUGA QUEMAC, Rosa Evelyn  and  PUETATE PAUCAR, Jairo Mauricio. Ethical objectivism or post-positivist constitutionalism: a path towards reasonable legal interpretation. Dilemas contemp. educ. política valores [online]. 2021, vol.8, n.spe4, 00050.  Epub Sep 20, 2021. ISSN 2007-7890.  https://doi.org/10.46377/dilemas.v8i.2803.

In the present work, a hermeneutical critical analysis of the different discussions generated regarding the legal interpretation and the new orientations of ethical objectivism and post-positivist constitutionalism was carried out. In both views, the need for a requirement of reasonableness was postulated, both in law and in the legal norm by legal decision-makers, thus recovering the ethical dimension of the interpretive practice of law. The importance of these undertakings consisted in integrating, in addition to the normative dimension, the evaluative dimension based on new concepts such as fairness or reasonableness, with which it has been possible to arrive at more straightforward and just decisions on the part of legal operators.

Keywords : Requirement of reasonableness; ethical objectivism; post-positivist constitutionalism.

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