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The “social guarantee” of rights: toward a culture alive with the respect to human rights

There are affirmations that by their precision they are converted into common places. Such it occurs precisely with the famous phrase of the German lawyer Claus Roxin when he affirms (thus, among signs of exclamation) that “The law of criminal process is a seismograph of the Constitution of the State!” (Roxin 2000, 10). This expressed affirmation, with more than precision, is an idea that all forms already announced for Beccaria relating to the proportionality between crimes and sentences: “if there was a universal and exact scale of crimes and sentences, we would have a probable and common measure of the degrees of tyranny and of liberty, of the depth of humanity or the malice of the diverse nations” (Beccaria 1990, 59). According to Beccaria, therefore, the states where such proportionality does exist will be humane and free states; the disproportionate, on the contrary would show tyranny and malice.

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¡Ave Javier!

In his last column, the distinguished writer and lawyer Javier Tamayo continues being stubborn in offering erroneous interpretation of my book “The Right of Judges”. I would not dare argue with such a loved friend and legalist if it were not for the fact that his affirmations, this time, are frankly unacceptable. In this opportunity Javier accuses me of a serious sin: the essential point consists of affirming that in Colombia there exists a theory, to which he calls a ‘new right’ and that their basic nucleus consists of maintaing a marked aversion by the law.

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Justice In and Out of the Courtroom: the search for a sucessful dynamic

The historical case study explores the search for justice amidst armed conflict and authoritative regimes. The author discusses the need for laws to protect the individual as well as the collective rights in order to arrive at justice. Comparing countries transitioning from war to peace and from dictatorship to democracy, the investigation evaluates the benefits and drawbacks of various mechanisms to support the search for the truth and prosecute those responsible.

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The “class struggle” in law

It is possible that the constitutional interpretation of the last semester is a product not from the High Courts but from president Uribe. His presidential campaign was his scenery and a frame for reading the constitution, the law and politics, which, due o its importance it must be debated. It´s amazing the central role that this idea has in gained in the mind of president Uribe even though it is recognizable along his politic life.

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Successful Experiences of the Fight against Impunity

Impunity is a phenomenon which has a double complexity. On the one hand, it has different meanings and dimensions. On the other, multiple factors causes it, and sometimes they are difficult to identify. It is important to remember that traditionally impunity is associated with the lack of individualization and determination of the responsibility of that who committed the offense and in consequence the lack of a penal process. However, it is possible to distinguish various forms of impunity: civil, social, and a last one that has had an important development which is impunity for human rights violations.

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