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

The notion used to refer to the rights of man, as an individual or social being, who participates or intervenes in cultural development, is that of human rights or, also, natural rights, subjective public rights, public liberties, moral rights or fundamental rights. Peces-Barba' prefers to designate them as “fundamental rights” as a more precise and appropriate linguistic form, as he points out, for the following reasons: a) It is more precise than the expression human rights and lacks the burden of ambiguity that it implies. b) It can cover the two dimensions in which human rights appear, without incurring in natural law or positivist reductionism. c) It is more adequate than the terms “natural rights or “moral rights” that formulate the concept of it without taking into account its legal-positive dimension. d) It is more appropriate than the terms "subjective public rights" or "public liberties" that can lose sight of the moral dimension, and limit the stipulation of meaning to the facet of belonging to the Order.

In this essay, I provide a Gay liberation analysis of the phenomenon of transsexuality. To do so is to risk being greatly misunderstood — being labelled as transphobic or, perhaps worse, as a gay conservative!”. Nevertheless, transsexuality, in its more modern, politically correct incarnation of transgender,'” has shifted to the center of “gay rights” organizing in ways I find distressing. This crystallized for me during the 2007— 2008 debates over the Employment Non-Discrimination Act. Transsexuals and their supporters rallied to condemn the legislation and its proponents, most notably Congressman Barney Frank.'™ Such action seemed to me particularly hostile to Gay people, given that transsexuals already had/have greater anti-discrimination protections at the federal level than do Gays’. In this and other obvious ways, transsexuality has become increasingly central to “gay rights,” and it is increasingly celebrated as a path to liberation by gay rights leaders and by the postmodern cannon working to rob Gays of Self-possession even before we have it.

During the 19th century, a form of State was developed that was presented in more or less peaceful terms and without further questioning. It was spoken or understood as something natural of a reality such as "Rule of Law" or "Liberal State" or "Liberal State of Law". In a somewhat exaggerated way, they wanted to typify this model with the rather graphic letterhead of “Policy State”. Others had described him as a "night watchman." In any case, what lay behind all these conceptualizations is that the State needed certain limits that it could not exceed. And this main idea was the one that - starting from the French Revolution - promoted a State model that spread widely throughout the 19th century.

The starting point of this work is the concept of Law since from here arises the fundamental aspect to be developed. Few etymological analyzes suggest as much as that of the word Law. Fernández Galiano attributes four meanings to the word Law: as a norm or set of norms in force (objective meaning); as a power attributed to a subject to do, not do or demand something (subjective right); ideal of justice or its negation (just) and as human knowledge applied to reality (law as science).

In the traditions of Ricardo Palma we can find some with titles such as, The Major Justice of Laycota, Cut the revesino, A trial against God, A famous excommunication, Put on the donkey, endure the lashes The lovers of the Royal Order, The great complaint of the barbers, The garrote, Two excommunicants, Simony, Woman-Man, Innocent hawk, The justices of Cirilo, The lawyer's lawyer, A case for perjury, History of an excommunication, Long live the pouf!, Titles of Castile, Between Jesuits, Augustinians and Dominicans, Annals of the Inquisition of Lima, and The Second Inquisition, among others; traditions in which Palma's ideas on law and justice range from irony in the narration of everyday events in which those with less power and wealth do not always lose, to careful narration in documentary research, such as the case of the tradition the Titles of Castile. It could be said that Don Ricardo Palma, with his traditions about the history and behavior of characters, families and people of different social and cultural position, and that go from the time of the Incas to the republic in the 19th century, allows us to understand that The nature of law and justice depend on the power that the authorities exercise, and that this often prevails over the law or what is legally legitimate.

Lawyer, politician and diplomat. He was Provisional President of the Republic during the Chilean occupation of Lima (March to November 1881).He is a notable figure in Peruvian jurisprudence. He is the author of the monumental Dictionary of Peruvian legislation, an important contribution to Peruvian Law, whose first edition (1860-1862, 2 vols. And an appendix); included a detailed analysis of each legal figure, based on the legal doctrine and the legislation then in force. This work deserved in 1862 a gold medal of the Congress. In 1879 it was reissued in Paris. Currently, this edition can be consulted in facsimile, printed in Lima.

Se reseñó el libro: La resistencia cultural: la nación en el ensayo de las Américas.