La naturaleza en la teoría del derecho: de la teoría liberal y de los derechos humanos al derecho sistémico (Tema Central)

Ecuador has been a pioneer in constitutionally recognizing that Nature has rights. Jurisprudential development has been slow. One of the reasons for the delay in the application of rights is the lack of a relevant legal theory. The theory mostly accepted by the legal culture is insufficient. Legal p...

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Dettagli Bibliografici
Autore principale: Ávila Santamaría, Ramiro Fernando (author)
Natura: article
Lingua:spa
Pubblicazione: 2025
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Accesso online:http://hdl.handle.net/10644/10243
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Riassunto:Ecuador has been a pioneer in constitutionally recognizing that Nature has rights. Jurisprudential development has been slow. One of the reasons for the delay in the application of rights is the lack of a relevant legal theory. The theory mostly accepted by the legal culture is insufficient. Legal positivism deprived law of interrelating with morals, philosophy, physics, chemistry and biology. Nature as a subject can be plundered and traded on the market like any other good. This paradigm must change. The systemic law could be a theoretical current that allows us to recognize that the planet Earth, and all its ecosystems and elements, is a living being.