Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The express formalization of the constitutional science inspired Hervada to seek the fundamental principles of the canonical system in the principles of radical equality, variety, and hierarchy. The hierarchical profile, respecting the condition of the faithful and their fundamental rights, forms the base of the institutional structure. This analysis explores the possible differentiation between the institutional principle (the founding will to establish a transpersonal and permanent entity) and the hierarchical principle (the reservation of certain public functions, and the internal graduation of the ordo). The institutional nature of the Church aids our comprehension of the consistency and development of ecclesiastical organization. Organic coordination and the difference between functions further clarify the meaning and reach of the hierarchy. Still today, Hervada’s teaching in this area remains current and stimulating, especially in reference to the ministerial nature of governance, the internal cohesion and unity of the ordo, and the direct connection between hierarchical action and the goods of communion.

The paper’s central argument is that Hervada’s doctrine on the existence of subsequent natural rights – and the necessity to posit these rights for their historical enforcement– offers better parameters and standards for the justification and determination of implied rights in the IACtHR’s opinions. On the one hand, it allows to justify such rights based on a universal human nature as well as to determine the right’s content through their inherent ends with better claims of objectivity. On the other, it permits to verify the indispensable role of positive law for the determination of human rights which have not been expressly recognized in the Convention.

The purpose of this article is to highlight how the radical foundations of law and natural law are already established in some of Javier Hervada’s early works, so that a peaceful continuity in his work in relation to these foundations is perceptible. For this, most of the writings from the sixties of last century have been used, the principles of which are developed in later works. The metaphysical and theological bases of Hervadian thought thus determine a concrete anthropology in which law, in its unitary and integral conception, fulfills a capital function.

The institutional and «traditional historical» character of the family within the systems of social organization makes risky any attempt at social engineering that attempts to elaborate an artificial modification of this institution. Certain symptoms of the current social breakdown are closely linked to the weakening to which this natural institution is being subjected. The legislative reforms in Spain in recent years, some of them almost outside the constitutional limits, seem to benefit a process of social destructuring that favors the proliferation of a «mass citizenship» that would be easier to lead by a highly strengthened State.

The present work aims to analyse the idea of legal prudence in the thought of Javier Hervada, according to the premises of the classic realism. The article begins with the study about the moral action and prudence in Aristotle and st. Thomas’ s philosophy, continuing with the explication of the anexed virtues to the prudence and the particular position of Hervada. Also, it will be tested the prudential reasoning as paradigm of the legal reasoning. Finally, it will be summarized certains critical conslussions about the thinking of the spanish philosopher.

The aim of this article is to put in relation the philosophy of law of Professor Javier Hervada to the difference between the concepts of an ambital justice and an extra-ambital justice, such as these concepts are used by the communicational theory of law. His conception of classical legal realism es a natural kind of an ambital justice.

This work aims to explain the defense policy by his division in three stages about the knowledge of the enemy: In the firs stage (1945-89) the hostilities between the communistic bloc and the capitalistic bloc grow up the military expedinture. In the second stage (1989-2001) the demise of the comunistic bloc decreases the military expenditure . In the third stage (from 2001 since today) arises the arms race a cause of the apparition of the populism and the post-truth.

The article analyses the right to death from the perspective of Hervada’s legal realism. The distinction between right (ius suum) and subjective right, as well as the decision to attribute death as “its due” to ill life are key points of the analysis, which concludes by underlining how such an entitlement ignores the fact that it is life, and not death, that is given to us by nature, and denouncing the discrimination that the possibility of using the new right may represent for its holders.

The person and his dignity are the basic pillars to discover and build the Law, natural and positive, in Javier Hervada’s legal thinking. It does not start from an abstract conception of the person, but from the real person within the framework of the existing reality. These premises allow the philosopher of Law to discover the existence of universal legal duties and rights that correspond to every human being by nature, as well as the configuration of the rules that should govern human relations.

Javier Hervada has been outlined for his research in natural law history; its theory and its application. The last two aspects become inseparable and lead to the following three functions of natural law: as a source of «positive» law or, more properly, «institutional » law; as a critical instance of positive law, and as an integral part of the juridical system. This paper deals with this last aspect for two reasons: it is the least well known in the field of comparative natural law theory, and it is where Hervada’s contribution is most innovate. For this purpose, a presentation will be made of the Hervada’s theory that there is a single juridical system, that is composed of natural «titles» and «measures» and positive «titles» and «measures»; then, within the first above-mentioned, it is considered one of its components or factors, «time», that recognized this integration of natural law in the juridical order and, also, the aforementioned duty to guarantee the material justice of the «Institutional» law. Finally, this notion is illustrated with legislative and jurisprudential cases of argentine law, although, the exercise is perfectly applied to any comparative juridical system.