@usal.es
Filosofía del derecho /Facultad de derecho
Universidad de Salamanca
Filosofía del derecho
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María Lourdes SANTOS PÉREZ and Nelcy Yoly VALENCIA OLIVERO
Ediciones Universidad de Salamanca
Using data from statistical sources and official reports, we propose a critical approach to aging in Colombia, specifically from the point of view of public policy in progress or in planning. Our main hypothesis is that these measures refuse comprehensive treatment of the ageing in terms of needs and rights promoting a pure welfare system which, instead, contributes to reinforce a collective imagination of a dependent and impoverished old age, with «fatal» consequences that sustain and reproduce the socioeconomic system.
María Lourdes Santos Pérez
Springer Netherlands
Ronald Dworkin, following a holistic conception of thought, claims the law to be “a branch of political morality”. Taking this as a starting point, I explore two implications he derives thereof. The first one is that in the analysis of the concept of law, moral considerations are necessarily involved; the second implication is that human rights are part of the content of morality. Particularly, Dworkin maintains that, whenever we ask what law demands, forbids or allows in any specific legal system, morality is decisively relevant. Morality is so decisive when identifying law that the difference among confronting theories in this respect does not lie in the fact that some include morality and others exclude it, but in the different level of analysis in which morality is introduced by each of them. Dworkin, in turn, provides us with a characterisation of human rights as a particular kind of political rights, the latter being generally conceived by him as trumps. Hence, opposed to a set of legal rights and having their groundings in an attitude of respect towards human beings as beings entitled to dignity.