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directory" my one heart "of John F. Monroy Galvez

(Posted in Law N ° 308 of 06/22/2010)

Francisco José
OF SOLAR RED
Lawyer PUCP and U. Central de Venezuela (UCV)
Graduate in Law, History and Communication Studies.
Professor of Law at the UIGV.

In two volumes, the leading litigators Ica, Juan Federico Monroy Galvez (Pisco, n. 1950), presents the second revised edition of his extraordinary work for "my other heart," Law, Process and other troubles, edited by Communitas, Lima, April, 2010 (Volume I, 524 pp, Volume II, 382 pp.). The first edition appeared in June 2000 and was widely accepted in our legal community.
In fact, read or reread Monroy is a great pleasure and a sincere invitation to reflection and awareness we have a moral obligation to be better. Article after article, paragraph by paragraph, line by line, the author spread his humanism full of love and identification with Peru, with democracy, with justice, equity, etc. All this, full of friendship, appreciation and hope for change. Hence, his permanent virile and courageous denunciation of injustice and abandonment in which millions of our countrymen. To these, our legal system, political, social and economic development has given back, and who calls for greater concern and attention directed towards achieving them as human beings and as Peruvians.

"MI OTHER HEART "
For all we can think of and adhere to the feeling of Monroy Galvez are part-to say of him," my one heart ", that is, are and will be" friends "of John Frederick, as well as understand this equation Guarao native tribe, belonging to the great river Orinoco. In short, the work of this distinguished jurist is a responsible and sincere call to close ranks in favor of large national majorities from the past, expect to be justice for more and better public services-health, education, security, etc. .- enabling them to fight and be forged themselves a better future.
Paola the beloved daughter of Monroe, occupies a privileged place in the dedication. The eminent philosopher, jurist, journalist and teacher San Marcos, Francisco Miro Quesada Cantuarias (Lima, n. 1918), enchants us with accurate, concise, beautiful and compelling introduction, full of humanism, secure and satisfied with the legion of loyal followers and admirers of his thought, and as to which John Frederick, complete and fully adhere. AUTHOR


Juan Federico Monroy Galvez is Professor of Procedural Law at the University of Lima. Former professor at the Pontificia Universidad Catolica del Peru (PUCP), where he graduated as a lawyer. Member of International Association of Ibero-American Institute and the Peruvian Association of Procedural Law. Ex-judge Court of Human Rights, based in Costa Rica. About
Monroy Galvez, wrote his biography in this supplement legal provisions (see Law No. 90 of 18.04.2006. Pp. 9-11). On that occasion, said: "Juan Federico Monroy Galvez is a model of man, lawyer and family man who dreams with the people, hoping that in the not too distant future, there is justice, truth and love in the country, order to attain spiritual development and material progress that we should all Peruvians. " WORK


Cantuarias Miró Quesada, says in the foreword: "The issues addressed are varied, ranging from the concept of duty to the excitement of football. But they contain a constant. A passionate love for Peru. But this is not an outdated chauvinistic love. His love is realistic. It is a love, despite the negative aspects of our country, anything salvageable that exist in our history, it is a love of Peru as it should. It is a love of the future. "
The conspicuous prologue, immediately afterwards, adding:" In all the articles that constitute the book emerges, clear and strong, another constant: the struggle for justice, the withdrawal by the oppression and rebellion against a reality that seems to deteriorate each day. This constant is humanism. Only by facing the problems that beset us from an authentic humanism, in which every individual is an end in itself and not an instrument in the hands of unscrupulous individuals or groups of economic and political arrogance, we can overcome a situation in which field the dishonesty and injustice. His whole book is a commitment to himself, demanding to anxiety, with Peru we all are. So our first obligation is to fight for the underprivileged Peruvians, who are the most, and poverty are discussed in seeking a job, day to day, further away from their hands. "
In 2000, the book Monroy was highly suggestive and important for understanding our reality. Hence, the teacher Miró Quesada, said: "It is difficult to decide which items have impressed me most. In all of these thoughts are interesting, attractive writing style and creative originality. "Today, after 10 years, remain vital to the study and reflection on our weaknesses and ailments, and with the noted philosopher may add:" The chapters ( the book) show that while not change the legal system that governs today in our country can not take a single step toward the humanization of Peruvian society. "
Anything else in general, are items that were published in the newspapers El Comercio and La Republica, from 1985 to 2000. We stress that Juan Federico wrote and reported, with courage, wisdom and courage, which autotilados other attorneys-lawyers, but very far from being recognized as "silent and rather preferred the positions and salaries before the robe and example future generations. Front faced the fujimontesinismo corrupt and defiling the true anesthetist popular demands, the requirement of the dignity and primacy of institutions. Hence the great value of this jurist, this fighter for just causes, this man's singular and exemplary husband and parent, special friend and companion. INTRODUCTION TO LAW


Indeed, the book has a varied theme impossible to summarize in a newspaper commentary. However, we will highlight three or four key areas in our modest opinion. Let's see. Coming from Reality
, Juan Federico demands better secondary education, which should include the course "Introduction to Law" for young Peruvians know and defend their rights and fulfill their duties, which, ultimately, prevent increasing social conflicts in intersubjective relations of future citizens.
This, without doubt, avoid misinformation-that law manifests itself in powerlessness, and which supports an unjust social system, however, so definitely, help to reduce corruption, violence, injustice and misery. At the same time, also demands better pay for teachers, judges, public health, education, etc.

AGAINST THE LAW
APPLICATOR Commonly called "operator of law" that, mutatis mutandis, the mere literal applicator of the rule of law, without value or think about the facts, circumstances, culture and social levels. That is, apply the law as if it were a technical catalog which mechanical operator procedure. Hence, Monroy, says: "that the court interpreter requires a high standard hierarchy that includes the power to break the infamous corset reducing its role to that of an applicator letter of the law."
There is no doubt that this is the purest and stale legal positivism against which we are humanists or neoiusnaturalistas lawyers. We feel like the German legal philosopher Hermann Kantorowicz (1787-1940) that the judge can and must resolve against the supremacy of law (contrarius legem) or in the words of Monroe: "The important thing is to make the constitution-the constitution- that any judge granted the authority to bring standard to this case, creating the right step. "We follow the proposals of Miró Quesada y Monroy, have written against the" wretched name "of" operator the right "(see Law No. 101 and 102 s, 4 and 07/11/2006, respectively, and El Peruano, 09.09.2008. p. 13. Carlos Augusto Ramos Núñez, Law No. 172 of 13.11.2007).


a national problem with honesty and sincerity Meridian, Monroe said: "No law or magic potion is going to solve a national problem, it is regularly product of a historical process in which intelligence or fraud have mortgaged the solution creditors petty but powerful " (...) "A national identity is constructed with a description of the past that after condemning us. Much less if it is harboring a story that anyone be proud to (...) "Only when we really who we are, we know who we are and, above all, what we must do to reach that awareness loi us to be" . We agree with Monroe because we have to rewrite our national history. Nationalism and patriotism are good at as they are not unhealthy because they distort reality, you lose objectivity. All the history we know is full of historicism and ethnocentrism, which has caused much damage and has taken us a wrong way but fortunately we have begun to change from 2000. In this sense, I think John Frederick and his supporters should be proud and satisfied that the teacher has "plowed the sea" as stated by the Liberator Bolívar, to see how crumbled his great work for freedom, independence and integration.

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criminal terrorist criminal personality

(Posted in Law No. 306 of 08.06.2010, p. 7)

Francisco José
OF SOLAR RED
Lawyer PUCP and U. Central de Venezuela (UCV)
Master in Criminal Law. Criminologist Professor at the UIGV
.


In 1987, after a year of intense theoretical deep scientific and empirical research in the field of criminology, we determine the "criminal terrorist criminal personality." Then for the first time in the country, said the designation and the danger of this antisocial, separated from other dangerous criminals and, consequently, placing it in a concrete and specific in the respective classification. Eila


The criminal terrorist was associated with the operational concept of "Criminal Personality"-which, in 1963, developed the famous French criminologist Jean Pinatel (1919-1999) - and product studies and empirical research Could criminological identificársele the acronym (Eila). This, because these offenders are characterized by: self (believed to be the elected or want to be the center of attention). Indifferent mood (they are evil). Labile (apt to fall into crime or easy to pass the criminal act). Aggressive (they have great natural ability of violence and destruction).
Hence, the narco is unable to experience emotions or inclinations altruistic and cooperative. Imposed on itself a process and binds Corruptor with others around the terror and moral depravity.
what basis and how was this done? Let's see. STUDIES


study Criminology at the Universidad Central de Venezuela (UCV) under the direction of one of the most illustrious American criminologists, Professor Venezuelan Francisco Canestri Pinatel disciple. He was professor at the University of Paris, a magistrate and inspector general of the Administration, President of the Scientific Committee and Honorary Secretary General of the International Society of Criminology, and author of a copious intellectual output of their specialty.
Canestri was the main promoter in Latin America of Pinatel criminological ideas. Introduced as required reading, Volume III, under the title of Criminology, for his dear Professor Gallo. Work on the one hand, it was translated into English for the wife of Francisco, Ximena Rodriguez Canestri also prominent lawyer, a criminologist and university professor who served as director of the School of the Judiciary (Venezuela), and other hand, published by the Faculty of Law of the UCV (Caracas. 1974. 760 pp.) The volume is part III of the Treaty on Criminal Law and Criminology, which Pinatel published together with the eminent French professor Pierre criminal Bouzat president International Association of Penal Law.
Well, with this rich academic foundation criminological Canestri never spared any effort with his disciples and us With great generosity taught everything he knew. We got away from him to our return to the country in 1979 after we learned everything we could show that we were able to implement it. RESEARCH AND PRACTICE


Since 1980 we were teachers in the Training Center of the Investigative Police of Peru-CINPIP-(School Official). Among the courses were taught Criminal Law and Criminology. It was then when all Peruvians surprised us the beginning of longer and more bloody episode that has seen our country: 5/17/1980, by burning ballot boxes on election Chuschis (Ayacucho). For the first time, appeared on behalf of the Peruvian Communist Party-Shining Path (SL) as the perpetrator. The de facto government of General Morales Bermudez Cerruti in one way or another, limited both research and the dissemination of facts. Error and confusion continued in the first three years the government of President Belaunde Terry, with ups and downs in the political, legal, social, military and police. Throughout 1982
follow the National Defence Course dictated annually, then, Centre for Advanced Military Studies (CMEA), now National Center for Higher Studies (CAEN). Some participants-military, police and civilians, we must deal to study the causes and consequences of the escalation of violence that was enveloping the country. Analyze and compare the terrorist actions in other countries and we note that, since 1981, international terrorism was openly pursued with the collaboration of the international community in accordance with the Public International Law (DIP) as the Final Act of the Conference on Security and Cooperation in Europe, held in Madrid, Spain.
police returned to the classroom, both cadets and officers and top managers in 1983. In practical work with them began a painstaking research, analysis and interpretation of the phenomenon of terrorism, especially when In June 1984, he joined another gang of criminals under the name of Tupac Amaru Revolutionary Movement (MRTA), increasing the national problem of terrorism, common crime and insecurity.
In 1985 we were invited to teach at the Faculty of Law at the Universidad Inca Garcilaso de la Vega (UIGV). It was logical that the main national problem was studied in the course of Criminology. Along with the university students have sought to him in 1986. I learned and practiced in the UCV with Canestri, was essential. Develop guidelines Pinatel ideas about their operational concept of the "Criminal Personality." Conducted interviews, surveys accused and tried for terrorism in different prisons, content analysis of hundreds of documents and publications, etc. The work is concluded in May 1987. It was published in the Journal CAL Forum, July-December 1987. LXXIV Year-N ° 2. pp. 169-186.

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Origin and Diversity cientificidad

(Posted in Law No. 305 of June 1, 2010)

Francisco José
OF SOLAR RED
Lawyer PUCP and U. Central de Venezuela (UCV)
Graduate in Law, History and Communication Sciences
Professor of History of Law in UIGV.


is of particular importance to analyze and compare the legal orders Indian, Greek and Roman archaic because we allow on the one hand, be very clear conception of what was the law for the three Indo-European peoples, compared, for example, Sumerian and Hebrew rights which belong to companies Semitic race, and, therefore, older. On the other hand, meet the demand or requirement of the science of comparative law, which nourished the other legal science is the history of law, the scientific underpinning of the law. In other words, that is, both comparative law and legal history have made law can reach a scientific level, with the methods required by the social sciences: observation, research, analysis and comparison. Hence which is now abundantly clear that the law is a normative social science. EARLY STAGE


then, the source of law, for the Semites involved a heavy dose of the link, mandate and destiny of God to men, creating a "religious legal system" in order to positive rules of natural law (Code Hammurabi, the Ten Commandments or Tables of the Law), while, in one way or another, this right is collected, re-created and perfected by the Indo-European is far away from God, to believe that the creator of the men are privileged or town same, resulting in a "positive legal system" that began with the Vedas in India and reached its peak with the Roman civilization (The Code of Manu, the constitutions of Lycurgus and Solon and the Law of the Twelve Tables). The latter was precisely that served the Friedrich Karl von Savigny (1779-1861), to develop both its "Historical School of Law" as their concept of "positive law." Von Savigny


result, and so, it allowed Von Savigny distinguish the "historical law", which was the set of legal rules and institutions were no longer in force and under consideration of the history of law, against "Right positive ", which is the legal order and legal institutions-laws in force and that, therefore, must be met, mandatory and strictly enforced, regardless of their goodness, evil, justice, injustice, etc.
But something else and it is of utmost importance. That is, point and always remember that the "Old Law recitals ever had, why had to have them, as made by the gods, was not required to give reasons? Not discussed, it was necessary, was based on the individual authority and obeyed her because they had faith in them, "said Professor Denys Fustel de Coulanges Numa (1830-1889). The law was written
by priests in the various Indo-European societies. Before you have them written to memory and remembered through songs and hymns that are recited mandatory, as Aristotle said the philosopher Aristotle (384-322 BC). Moreover, it is presumed that the earliest texts of the laws were written in verse, ie were true and beautiful verses. So in the Code of Manu. Scientist


Finally, in this order of ideas, the history of law began to study, analyze and to compare legal systems of societies that were the subject of his investigation, until the scientific rigor of the method of comparison was more stringent for the analysis of comparative law, which raised its level of scientific, making it recognized as normative science. Without doubt, its profit was greater when the comparison was made legal for "legal systems and legal families" different, ie comparing the Anglo-Saxon with the Roman-Germanic, or Muslim or east to the above, etc.
This will undoubtedly be more feasible to consider the possibility of a General or Universal History of Law, theme originally made by German legal philosopher Mario Enrique Ahrens (1808-1874), continued and spread his pupil Joseph Köhler (1849-1919 .) Applied with great skill the French historian De Coulanges Subsequently, it has reopened the iushistoriador Mitteis Germany Heinrich (1889-1952), an idea accepted with approval by his English colleague Alfonso García-Gallo and Diego (1911-1992). CONCLUSION


Finally, this wealth of scientific and universality of both the history of law and comparative law, applying the scientific method of analysis, interpretation and comparison was possible to ensure and affirm the category of science policy for the law . Likewise, today it is undisputed that the history of law and comparative law are the scientific disciplines of law.

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law and legal complexity J. Armando Guevara Gil

(Posted in Law No. 296 of 30.03.2010, pp. 4-5)
FRANCISCO JOSE DEL SOLAR

Lawyer PUCP and the U. Central de Venezuela (UCV).
Graduate in Law, History and Communication Studies.
Professor of History of Law in UIGV.

Editorial Fund of the Pontifical University of Peru (PUCP) has published a valuable book entitled Diversity and legal complexity. Approaches to the Anthropology and History of Law, professor of the upper house of studies, Jorge Armando Guevara Gil, his law degree from the same university and a master's degree in Cultural Anthropology at the University of Wisconsin-Madison. Work not only try to summarize but also to comment or apostille under to share the same intellectual interests with the author.


BOOK is dedicated to her father (Rene Guevara Ochoa), and their children Sebastian and Alonso Guevara Urteaga. The author expresses his sincere gratitude to his wife and colleague, Patricia Urteaga Crovetto, as well as colleagues and friends who spared no efforts to materialize his work in ink and paper, and arrives at all interested in these issues vital to better understand our past and understand their real and objective dimension to our present, so that we can project or plan efficiently and effectively our future.
certainly Gil Guevara's book, which compiles a series of deep investigations were published in brainy articles published in academic journals either from abroad or the country, has the special virtue of its continuing relevance to the extent not resolved or overcome the problems of inequality, social exclusion, marginalization and poverty and extreme poverty that unfortunately characterizes our nation. In this sense, the introduction of Fernando de Trazegnies, who was his professor at the Faculty of Law PUCP makes a successful and accurate summary of what this work.
In this vein, the book with 354 pages, is divided into two parts. The first, devoted to the anthropology of law. It contains 6 chapters that develop: I. Legal pluralism; II. The structural causes of legal plurality in Peru, III. Bases for the study of legal diversity; IV. Water, law and diversity; V. Mirages developers and community autonomy. The impact of development projects on Lake Titicaca (1930-2006), and VI. The anthropological survey in the Superior Court of Justice of Loreto.
The second part addresses the fascinating topic of legal history in four chapters continue with the numbering of the previous section. She contributes to spreading the real new concept of true scientific history Andes, which was initiated in our country for the ethnohistorian Ukrainian-born American, John Victor Murra (Odessa 1916-New York 2006) and successfully continued by the national historians of Diez Canseco Maria Rostworowski (Barranco, Lima, n . 1915) and our teacher pointed at the Faculty of Arts PUCP, Franklin Pease García-Yrigoyen (1939-1999). The chapters in question are: VII. Law, history and social sciences. Dialogue between Carlos Ramos Núñez and Armando Guevara Gil. Legal Forum: Why bind Right and History, Law and Social Sciences?. VIII. A visit from Indians and creating political ritual "Indians" in the colonial Andes. IX. The chiefs and the "natural dominion" in the colonial Andes (Peru, XVI century). X. Between freedom and vows. The tribulations of Sister Dominga Gutiérrez (Arequipa, 1831). AUTHOR


PUCP is advocated. Won a scholarship to pursue a master's degree in U.S. university indicated above. He is currently associate professor in the Department of Law and Graduate School of their alma mater. In 2008, he received the Research Award PUCP (Class teacher) for his work: "Mirages developers and community autonomy." Item included in Chapter V, the book said.
Guevara Gil is an ordinary member of the Riva Agüero institutes for the Promotion of Water Management (IPROGA) and American Art Affiliate Cusco-Lima. Has been national coordinator of the Water Law and Indigenous Rights (WALIR-Peru, Wageningen University & ECLAC). Jorge Armando
recorded several publications to his haber.Entre others, land and property law colonial hacienda Documents Santotis, Cuzco. (1543-1822), published in 1993, Water and Law (editor with Rutgerd Boelens and David Getches, 2006); law, institutions and historical processes (editor with José de la Puente, 2008) Water rights and conflict in Peru (editor, 2008), etc.

APOSTILLE
Those who are interested in history and legal reality of the country, we can not miss or ignore this important new publication PUCP Publishing Fund, directed with great success by Arévalo Patricia Majluf, given that this book develops current debate topics such as cultural diversity and legal complexity in the multicultural field. Words words less, Guevara Gil argues that "diversity can not be eradicated, but rather cultivated to create forms of social life ever more human and in this task, the role of law is fundamental."
In this context, author "raises new perspectives of analysis and reflection that allow us to understand the social force of law, its influence in the shaping of society and the vibrant diversity and regulatory complexity that characterizes the Peruvian society. " Hence, calls for "tolerance, democracy, respect for different ways of thinking and the protection of cultural differences."
Well, we think the future of the law is developing and implementing vision and interpretation from an interdisciplinary and multicultural approach. This is because, finally, the law is a cultural experience and social development that goes beyond, way beyond, Constitution, laws, decrees, resolutions, etc.. Without doubt, the law involves jurisprudence, doctrine, legal and cultural customs, conceptions of life and hope of the people who generate their "legal tradition" in the words of renowned American jurist John Henry Merryman (b. 1920), professor of the School of Law at Stanford University. I contend that for decades has taught us in Peru, the best history teacher of law, the jurist Juan Vicente Ugarte del Pino (Lima, n. 1926) and for some years with great skill takes Jorge Armando Guevara Gil.
However, this approach does not involve law to consider or call "full", since it generates or creates confusion. Hence, the better the name of "regulation, control or regulation" for the companies failed to create proper legal standards as an attorney and holds the American anthropologist, Sally Falk Moore (b. 1924), Professor Emeritus Harvard University and professor at the Universities of California and Yale. Something more in their favor, having participated in the Nuremberg trials, from 1945 to 1948, which undoubtedly was the beginning of the fall of savineano and Kelsen's legal positivism.
On the other hand, is fed verified that the law does not change people, as do the constitutions States better, yes, indeed, rulers or administrators do not really have the desire to build awareness and exemplary partnerships, where they serve, ultimately, an example to the public. This is possible only if enacted drastic and exemplary both rulers and citizens who violate the fundamental rules of common sense, honesty, solidarity, fraternity and justice, which seeks to transform an old company or form a new nation-state.
Thus, there is evidence of the failure of the law, where it was used as a means to radical social changes, regardless of customs and rules or regulations to control primitive or original. No doubt, times have changed and social media have contributed greatly to these changes, the pair of stimulating and strengthening globalization demanding rights of inclusion and respect for pluralism and socio-cultural diversity. Multicultural qualities and characteristics that were not taken into account by the past rulers and administrators of the classic nation-state or traditional, to think of a "civilizing mission" and "centralization."
Hence, the results of anthropological research that shows Guevara law, in particular, that of Sally Falk Moore, it is transparent that existed and still exist certain regulations, controls or regulations Aboriginal social and freelancers who never submitted or may submit fully to exogenous forces (system or legal order), despite being permeable to them. The reality of yesterday and even today, were with the Inca state when it sought to centralize and standardize its administrative system of regulation and control, as no law has been wrongly claiming "to be imposed on the ethnic diversity of natives at the time. This situation also occurred with the imposition of Castilian law brought by the English during the conquest and the subsequent creation of Indian law during the colonial period. Moreover, there is no doubt that it is a situation that has been place since the dawn of independence until today, which has led to exclusion, injustice and other shameful acts reported by Guevara Gil, rich and courageous in their intellectual production as a lawyer, an anthropologist and historian.
If the law is the law, then definitely we have to eradicate our conception of legal positivism and comprehensive vision as men and society. This outline is essential for analysis and reflection of lawyers, jurists, judges, officials, professors and law students, while we believe that legal positivism has done much harm to law and history of law because legal positivism does not reason, not analyze, not interpret, he is content with being a plain old operator of law that the legal system operates like a machine. Instead, counsel has a power antipositivist intelligent, thoughtful, critical, ie, to be truly human and therefore unethical, that it rises above the mechanistic positivism.
is no doubt, then, that we are seeing a revival of Law and Legal History by the contributions of anthropology, ethnohistory, comparative law, and so on. ensure that our discipline successfully resume scientific vantage point. Road from successfully passing Guevara Gil, and their commendable achievements in research and anthropological iushistórica 15 years, are embodied in this exceptional book that is and will be an indispensable reference not only for the iushistoriador or anthropologist, but to all professionals and students of our reality socio-cultural, legal, political and economic. This, because, well, is masterfully water resources is fundamental, basic or basic to life and whose monetary value would be greatly enhanced to the extent that we do not know to take advantage of efficient, effective and planned way.