Keywords
legal reasoning
constitutional law
legal theory
How to Cite
Abstract
his article argues that there is a very vast complexity in the theory of sources of law. According to the traditional doctrine the sources are ordered in a coherent and precise manner and the interpreter has only to apply a clear hierarchy. However, looking at the way some judges in Colombia have applied their sources, it seems that the traditional way of looking to this problem is not an accurate description of what is happening in practice. Therefore, an alternative way of understanding the practice of our judges is proposed, in order to build a description that shows us in a more explicit manner what I think happens in a legal system: its actors are fighting for political legitimacy and the use of legitimate sources of law in their rulings is essential to maintain their political status. Thus, the sources of law are figured by the judge in a case by case basis, rather than in the application of a neutral theory. Even though I believe that law is highly indeterminate, the clue to find its limits is the language which we lawyers accept in each area of the legal studies.
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