Resumen

GALLEGOS HERRERA, Daniel Eduardo. A postmodern attitude of Law (Eco and Koskenniemi applied to Constitutional Law). Foro [online]. 2019, n.31, pp.75-96. ISSN 2631-2484.  https://doi.org/10.32719/26312484.2019.31.4.

In this article it’s proposed to take a postmodern attitude toward Law -in general- and specifically toward constitutional law. Based on Umberto Eco’s description of the postmodern, identifiable as a way of revisiting the past in use of irony, the article goes on to identify four ways of operating in art: neoclassicism, romanticism, realism and avant-garde, with regulatory and political approximations and idealist and skeptical attitudes, regarding the law, which Martti Koskenniemi highlights in his work. The work identifies his proposal of a culture of formalism with the postmodern attitude of talking about law in the era of lost innocence, and extending it to a field different from the one in which it was conceived: constitutional law.

Palabras clave : Cynicism; culture; formalism; idealism; irony; natural law; positivism; postmodernism; realism; avant-garde.

        · resumen en Español     · texto en Español     · Español ( pdf )