Keywords
Colombian Supreme Court of Justice
judicial ethics
argumentation
interpretation
How to Cite
Abstract
This article arises in the development of the research project named “Legal Reasoning in the Colombian High Courts” within the line of constitutional and society justice of the group of studies of Public Law under the direction of Professor Lina Marcela Escobar Martínez, PhD, in which the researchers are: Germán A. González Herrera, Vicente F. Benítez Rojas, Tomás Bustamante Bohórquez, Juan David Solorza Martínez, Julián Daniel González Escallón, and Mario E. Vargas Gutiérrez. It is a review article that shows some advances as for the theoretical frame and its application to the concrete case of the judgments of the Colombian Supreme Court of Justice; thus definite results from the theoretical and practical point of view are not presented here; the research began in January of 2007 and is sought to be finished in 2008 and has been financed by Facultad de Ciencias Jurídicas of Pontificia Universidad Javeriana. The article is divided into four main parts: the first one is dedicated to outline the imaginary of the judge and the judiciary; the second one shows the results found in the judgments of the Supreme court as for interpretation and argumentation; the third one explains the judicial ethics, while the last one confronts reality with the text of the norm, taking as an example a few cassation judgments in the Civil Law room of the Supreme Court. It is important to highlight that the complete research deals with an analysis of the judgments given by three rooms of cassation (civil, penal and labor) between 2002 and 2006; however, for practical effects, in this article we only exemplify civil cases.
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