The promise of restorative justice (RJ) in Colombia’s transitional justice (TJ) mechanisms is often framed as a novel paradigm producing remarkable results. Yet, a significant gap exists between rhetoric and practice. Persons seeking justice for gross violations express concern that RJ primarily benefits perpetrators rather than victims. This paper contrasts the promises promoted by Colombia’s Special Jurisdiction for Peace (JEP) with scholarly RJ literature and the experiences of victims’ families. It critiques the JEP’s use of RJ, emphasizing that restorative approaches are neither new to TJ nor intended to be celebrated uncritically. Experts stress humility and restraint in RJ practice, while the JEP actively promotes its model as a global legacy. Drawing on the voices of Colombians whose relatives were executed by the Colombian Army, this paper highlights how RJ practices shape the experiences of those persons seeking justice and underscores the risks of misusing restorative paradigms in pursuing TJ.
Received: 10 March 2025; Accepted: 30 September 2025; Articles in Press: 11 November 2025
Jurisprudence. Philosophy and theory of law, Comparative law. International uniform law
В данной статье проведено исследование природы такой категории, как «эстоппель», с использованием метода обобщения, а также сравнительного анализа. Автором предпринимается попыткана основе анализа и обобщения норм права и правоприменительной практики дать ответ о сущности данного явления, будь то: принцип, правило или совсем иное явление.
Comparative law. International uniform law, Jurisprudence. Philosophy and theory of law
Based on the existing scientific works of Vyacheslav Georgievich Kamburov (1874–1906), the author’s approaches to the definition of law and jurisprudence are studied. Contrary to the widespread theories of materialism and positivism, V.G. Kamburov, relying on the methods of philosophy, proves not only the independence of jurisprudence, but also the value of law in cases where it is based on moral values. The effectiveness of law depends on the objectivity of moral values. It is concluded that the ideas of V.G. Kamburov correspond to the concept of the Baden school of neo-Kantianism.
In this paper we give a streamlined overview of some of the recent constructions provided with K.-H. Neeb, G. Ólafsson and collaborators for a new geometric approach to Algebraic Quantum Field Theory (AQFT). Motivations, fundamental concepts and some of the relevant results about the abstract structure of these models are here presented.
Vision is an important metaphor in ethical and political questions of knowledge. The feminist philosopher Donna Haraway points out the ``perverse'' nature of an intrusive, alienating, all-seeing vision (to which we might cry out ``stop looking at me!''), but also encourages us to embrace the embodied nature of sight and its promises for genuinely situated knowledge. Current technologies of machine vision -- surveillance cameras, drones (for war or recreation), iPhone cameras -- are usually construed as instances of the former rather than the latter, and for good reasons. However, although in no way attempting to diminish the real suffering these technologies have brought about in the world, I make the case for understanding technologies of computer vision as material instances of embodied seeing and situated knowing. Furthermore, borrowing from Iris Murdoch's concept of moral vision, I suggest that these technologies direct our labor towards self-reflection in ethically significant ways. My approach draws upon paradigms in computer vision research, phenomenology, and feminist epistemology. Ultimately, this essay is an argument for directing more philosophical attention from merely criticizing technologies of vision as ethically deficient towards embracing them as complex, methodologically and epistemologically important objects.
This paper aims to perform an analysis of pedagogy and theory of the law degree. Pedagogy is the method and practice of teaching. The paper proposes that law education may accommodate a pedagogy of the development of ‘alternative critical scholarship’ in relation to law students. It employs the phrase ‘Please think critically’ because it is common in the history of legal education that the most successful scholars, and litigators all lived by the mantra: ‘please think critically’. It does not argue that a critical law student must be trained to be disruptive without cause, but that our methodology in curriculum delivery must encourage the law student to de/construct legal doctrine or concepts. This exercise may be accommodated as an alternative model for legal research. Thus, this paper contributes knowledge to critical legal research methodology. The research problem in this paper hinges on the fact that law students learn the skills of litigation (or problem-solving in the legal context) from learning by rote legal principles that are trite. They often do not learn the skills to perform a historical, theoretical and philosophical or doctrinal analysis of a/the law. This paper argues that to address this problem, they may be encouraged to learn about the epistemology, ontology, morality, philosophy of history and African philosophy. This will arm them with the tools to approach the established legal principles with an ability to re/think, re/imagine, and/or re/de/construct the law. This type of study may, wholly or in part, be dependent on research from other disciplines. The development of this critical law student is dependent on the manner they are taught, assessed and developed in and out of the classroom. To encourage critical thinking, the student may be assessed on their ability to critique established legal instruments: the legal doctrine, nature of the law, new and proposed legislation, new case law and judges’ legal interpretations. The critical analyses and thoughts on alternative theories like decolonial schools of thought and African jurisprudence may be reflected in their dissertation.
The article examines the question of the essence of historiosophy as a cognitive discipline. As a result, it was found out that its capabilities are realized not by synthesizing subjects of different sciences (history, philosophy and law), but through an autonomous and self-sufficient range of issues with metaphysical origin and noospheric content. We are talking about a semantic area where the law is considered from the position of “was”, and not “yesterday”. In this regard, they ask: was there a right to “was” and is it still capable of being “was”? The likeness found in his life is evaluated on the subject of whether it was a moment, a passing illusion, or perhaps even “nothing” at all? Or was the grasped “was” itself a being that originated in the past, but has not gone anywhere and has a continuation in existence? As a result, it turns out that in law it leads to “historical transience”, and what in it ensures its “non-historical presence” in being. The study also showed that the main and structurally forming category of historiosophy is time, which is rarely thought about in modern jurisprudence. Jurisprudence is mainly concerned with periods, gaps and deadlines, rather than time per se. The omission of time and knowledge about it left jurisprudence standing on the absolutist and abstract concept of Newton, which never reproduced ideas about time based on reality. The theory played with the physical side of time and missed its socio-psychological dimension, that is, that life is the main vessel of time, the only source of its filling and the key means of exhaustion. The life of atoms, as well as the life of legal goods, is not only the source of their existence, but also the duration of this existence. In turn, time is a fundamental criterion for the viability of legal benefits.
: The solidification and blurring of the research object and province of jurisprudence leads to the entry of a large number of illegal theories into the research category of jurisprudence and impacts the scientific status of jurisprudence. The western analytical school realizes the turning of natural law to positive law and establishes the status of jurisprudence as an independent discipline. In modern times, the legal provisions and extra-legal principles established in our country have laid the dual stratification of the research object of jurisprudence in our country. To construct the Chinese model of the research object of jurisprudence, we should start from three levels: ontology, sublimation and concretization. To re-examine the significance of Austin's positive law to contemporary China, from the theory of legislation to the theory of interpretation, pay attention to and explore the value of positive law, as the basis of jurisprudence research. It is clear that the thought of the rule of law in the new era of socialism with Chinese characteristics belongs to the research category of jurisprudence, excavates the philosophical implications of jurisprudence in the Chinese context, constructs the value judgment criteria in line with Chinese history and culture, and pays attention to the integration and boundary of jurisprudence with philosophy, political science and natural science. We should fully explore the "Fali" wisdom behind the department law, use it to enhance the interaction between jurisprudence and department laws, and further summarize and refine the "Fali" knowledge contained in the department law rules and classic judgment cases to enrich the treasure of jurisprudence.
Abstract This paper contributes to the ongoing construction of non-human rights. I will argue that international law should move towards the recognition of animals and nature as subjects of rights (positive and negative). I will propose to combine two paths that show ways out of the anthropocentrism of international human rights law. The first is the capabilities approach of Martha Nussbaum that, while remaining indebted to Rawlsian liberalism, can provide a framework for the protection of non-humans in human rights practice through an understanding of rights as basic capabilities to flourish. The second path is the Earth Constitutionalism and jurisprudence in Latin America. Heavily influenced by indigenous legal philosophies, Latin American jurisprudence highlights ways in which we could move beyond the thin social goods of liberalism and promote human rights as a harmonizer force that protects nature as having worth by itself. These approaches combined pave the way for a postliberal approach to rights in which we move from the rationality-autonomy-freedom justification of rights towards a capabilities-harmony-sustainability approach to rights.
Introduction. One of the main issues of fundamental jurisprudence is the problem of the epistemology of law. Law is a complex social phenomenon in terms of content, forms of manifestation, and ideological guidelines (ideals). The phenomenon of law is understood differently; it is understood as: the order of the sovereign, the means of ensuring security, the means of class compromise, the natural rights and freedoms of citizens, the measure of freedom, the measure of labor and consumption, imperative-attributive emotions, the restriction of the external freedom of a person, the self-limitation of the state, the existence of free will, the divine will erected the will of the economically dominant class, the will of the whole people, the protection / delimitation of interests, universal human value, the minimum of morality, the result of the inaction of morality, etc. into law. Each approach to the definition of law is accompanied by a system of logical arguments and reveals one of the sides of this social and normative regulator. Theoretical Basis. Methods. The purpose of this work is to study the levels of knowledge of law as a socio-cultural phenomenon. To achieve this task, the following tasks are solved: an analysis of law as the most important social regulator of human activity; law is revealed as part of a person’s spiritual life; the main theoretical and methodological levels of knowledge of law are analyzed. The following methods were used in the course of the study: analysis and synthesis, hermeneutic, comparative approach. Results. The author came to the conclusion that in the science of law there are several levels of knowledge of law: 1) the encyclopedia of law involves a summary of the branch of legal sciences; it combines (consolidates) a huge array of factual information and expands the amount of knowledge about law, society, and the state; 2) the theory of law (general theory of law, theory of state and law), as inductive knowledge, extracts the general principles of law from the empirical material accumulated by branch sciences, creating a methodology for studying political and legal phenomena; 3) the philosophy of law deductively builds the doctrine of law, focusing on the desired ideal for the thinker (legal, political, social, personal, ethical, religious, etc.), thereby revealing the value nature of the legal phenomenon. Discussion and Conclusion. Philosophy and theory of law are independent sciences and disciplines. The article shows some differences and common features of the theory and philosophy of law. At the same time, the author emphasizes that all thinkers, both philosophers of law and theorists, build their concepts based on the position that law is a universally binding rule of behavior, and not descriptive maxims of science or political declarations.
Luis Guillermo Bastidas-Goyes, Efraín Méndez-Castillo, Claudia Marina Bonilla-Estévez
En un contexto globalizado, donde el mundo convencional se expande a lo virtual, se desarrolla un análisis ético y jurídico del turismo médico en Colombia mediante la identificación de riesgos potenciales en la instrumentalización comunicativa. La oferta y demanda de cirugía estética acompañada del marketing, como un reflejo del deseo, lo bello y el maquillaje, promueven tensiones éticas latentes. La incertidumbre jurídica que gravita alrededor del flujo transfronterizo e indeterminación de los distintos sistemas jurídicos exterioriza varios frentes susceptibles de abordaje y que a su vez se erigen como desafíos. El trasfondo de las reflexiones que se divisan hace imprescindible reivindicar prerrogativas fundamentales, inherentes a los seres humanos, que parecen desvanecerse ante inserciones cada vez más frecuentes y penetrantes provenientes de realidades construidas y enraizadas en el vaivén de los precios.
Jurisprudence. Philosophy and theory of law, Medical philosophy. Medical ethics
Elen Cristina Carvalho Nascimento, Eugenio da Silva, Rodrigo Siqueira-Batista
A few companies around the world are now developing and selling sex robots. Questions such as “how will relationships with robots’ impact human relations in the future” emerge when technologies are used to meet the social and emotional needs of individuals. Considering that technology and design have embedded values and biases, this article surveys the use of sex robots from a bioethical perspective. Relationships with robots and computational systems, like Artificial Intelligence, are a possibility for many people around the world. We present questions raised by the voices in favor of robot sex, and against it. Beyond a binary polarization, the bioethical perspective recalls the Foucaultian concepts of biopolitics and biopower to situate the problems with the mechanization of intimate relationships. We argue that sex robots offer the opportunity to review old patterns regarding gender, inequality, and health.
Jurisprudence. Philosophy and theory of law, Medical philosophy. Medical ethics
Este artículo pretende explicar el tipo de entidades que son las funciones jurídicas y en qué consiste su forma particular de existencia. Esto es, pretende explicar en virtud de qué puede afirmarse que las funciones jurídicas existen. De igual manera, pretende explica en virtud de qué puede decirse que estas funciones son jurídicas. A pesar de que se toma el antirrealismo como punto de partida, según el cual los artefactos, y por lo tanto las funciones jurídicas, dependen de la mente humana (i.e. son entidades dependientes de la mente (mind-dependent)) en el sentido que los estados mentales de los autores de artefactos o los conceptos en los que se basan estos estados constituyen (por lo menos parcialmente) su existencia, el artículo procura demostrar la relevancia que tiene el uso efectivo de las funciones jurídicas para constituir su existencia.
Law in general. Comparative and uniform law. Jurisprudence, Jurisprudence. Philosophy and theory of law
Lattices defined as modules over algebraic rings or orders have garnered interest recently, particularly in the fields of cryptography and coding theory. Whilst there exist many attempts to generalise the conditions for LLL reduction to such lattices, there do not seem to be any attempts so far to generalise stronger notions of reduction such as Minkowski, HKZ and BKZ reduction. Moreover, most lattice reduction methods for modules over algebraic rings involve applying traditional techniques to the embedding of the module into real space, which distorts the structure of the algebra. In this paper, we generalise some classical notions of reduction theory to that of free modules defined over an order. Moreover, we extend the definitions of Minkowski, HKZ and BKZ reduction to that of such modules and show that bases reduced in this manner have vector lengths that can be bounded above by the successive minima of the lattice multiplied by a constant that depends on the algebra and the dimension of the module. In particular, we show that HKZ reduced bases are polynomially close to the successive minima of the lattice in terms of the module dimension. None of our definitions require the module to be embedded and thus preserve the structure of the module.
. The paper analyzes the legal views of Nikolay I. Palienko, a prominent philosopher of law and a state historian of the beginning of the last century. The authors pay significant attention to the integrative concept of legal understanding that is followed by Prof. Nikolay Palienko. They also substantiate originality and significance of the concept in the light of modernization of the political and legal order in late imperial Russia. It seems that under certain conditions it could serve as a bridge between positivist jurisprudence and the doctrine of “reborn natural law” developed in pre-revolutionary Russia. It was intended to smooth out the contradictions in both doctrines and contribute to the development of a new methodology for law understanding in the context of transformation of the Russian legal system towards establishing institutions of constitutional order.On the basis of published sources, the authors show the evolution of the scholar’s views from the positivist theory of law to idealism that is not properly estimated in the legal literature and is quite typical for the legal scholars of the interrevolutionary period.The authors conclude that Prof. Nikolay I. Palienko scholarship and knowledge allowed him to substantiate his own concept of legal understanding that can be considered integrative on the basis of achievements of the positivist theory of law, philosophy of natural law, psychological and sociological concepts of legal understanding. Prof. Palienko proclaimed the normative nature of law and at the same time expressed ideas of the supremacy of law over the state and the coherence of the state provided by law. An essential element of his legal concept was the legal consciousness of the society, acknowledgement of its role in the course of law education, as well as its establishment as a source of law. Palienko’s idea of legal coherence of the state represents a synthesis of positivism with idealism and leads to a new stage of development of legal methodology and ideology, namely: integrative jurisprudence. Scholar’s political and legal ideas contributed to the development of ideas about the rule of law, which were very popular in Russia during the period of development of representative institutions and constitutionalism.