Significado Legal De Dogma

In ancient Greece, from which the term “dogma” comes, this word was used with a different meaning than at the time: as a relative synonym for “opinion”, but with a moral or legal meaning. In fact, it was something like “decree.” Any legal system, i.e. any legal discipline, consists of a set of legal dogmas (or types) extracted from positive legal norms through procedures of abstraction and logic in order to arrive at a system of legal values. When we talk about dogmas, we usually refer to a set of beliefs or statements that must be accepted without question, that is, that must be considered true and indisputable, although there are no arguments or explanations for them. Dogmatics are therefore those who strive or promote this kind of acceptance. In general, these dogmas are formulated as an axiom, often in Latin (if they come from Roman law), as nullum crimen, nulla poena sine praevia lege (“There is no crime and there will be no punishment if there is no prior law”) or Confessio est regina probatio (“confession is the maxim of proof”). Since then, because of its association with medieval Christian thought, the term “dogma” has been used to criticize conservative philosophical positions that adhere to traditional concepts or views. There are dogmas underlying various discourses and institutions that we call doctrines. These include religions, the legal system, or even the basic explanations on which the sciences are based, which simply need to be accepted, at least until there are better and deeper explanations, as we will see later. Legal dogmatics is a discipline belonging to law, whose method is based on complex formal systems composed of legal dogmas or types. Such dogmas must be extracted from the content of positive legal norms, using abstraction and following a series of logical operations that give legal dogmatics an eminently systematic character. What is dogmatics in criminal law? We explain what a dogma is and what are the different meanings it has in philosophy, religion and law.

Also its relation to a doctrine. These truths are the mainstay of their belief systems, and for this reason, changing the view of these dogmas often leads to the creation of new sects within a religion. The term dogma is common in our lives, although it comes from the ancient Greek doein, “opine,” so it could be translated as “belief” or “opinion.” From the Latin dogma (“commandment”) and this from the ancient Greek δόγμα (dógma), “faith” or “commandment” Fundamental and indisputable principle of a science or religion. We also mean by dogma, the set of legal principles of a law, a constitution or a law, is the legal meaning of the dogma, which is why we speak of the dogmatic part of the constitution, which includes its values and postulates. Examples of these legal dogmas are the general principles of law, a general set of normative statements that serve as the basis for laws or, in any case, abstractly summarize their content. This term was identified with dogmatism, a philosophical current that believed in human reason as the origin of knowledge and knowledge. Therefore, he accepted the world as it comes, without question. The analogy: it is a principle of legal interpretation.

It is based on the similarity that must exist between the intended case and the unforeseen case, thus avoiding the radical difference between the two. It is a method or instrument of legal interpretation that corresponds in principle to the task of judges (and not so much to the task of legislators). Therefore, legal gaps must be filled by abandoning jurisdiction on the basis of the principle that “where the same legal basis exists, the same legal rule must exist. In other words, a doctrine consists of a set of dogmas and rules that form a system in itself. Dogmas, on the other hand, are specific and irrefutable truths that are usually part of a doctrine: Catholic doctrine is constituted by its particular religious dogmas, which differ from Jewish doctrine. It is not the same to speak of dogma and doctrine, although the two terms are often linked. A dogma is a fundamental truth, an assertion that cannot be proven or questioned, but must be accepted and must be accepted now; whereas a doctrine is the set of basic ideas, teachings or principles held by an ideology, religion or legal system. General principles of law: These are the most general normative statements which, although not formally integrated into the current legal system, are understood to be part of it because they serve as the basis for other specific normative statements or abstractly bring together the content of a group of them. It is concepts or propositions of an axiological or technical nature that determine the structure, form of operation and content of normative groups, normative propositions and the law itself as a whole.

These principles are used by judges, legislators, doctrinal creators and jurists in general, either to fill legal gaps or to interpret legal norms whose application is questionable. Religions are dogmatic in that they offer their parishioners a set of truths about the world, existence, and God for which no proof can be provided, but which must be accepted as true. Legal dogmatics (or jurisprudence) can be characterized as the discipline commonly called “doctrine” that determines and describes the material that is in possession of the law without questioning its validity. Law: This is the main and direct source of law in most modern legal systems. Our legislator has taken a radical position in this regard, since it does not merely defend the principle of the rule of law (art. 1 and 2 of the CC), but does not admit other direct formal sources. Under Article 4 of the CCC, the silence of the law is, on the one hand, supplemented by other provisions of the same law and, in case of doubt remaining, the general principles of law which may derive from the law itself apply. Since law is the only direct formal source of law in our legal system. The aim of legal dogmatics is to study current positive law, which consists in describing norms through the interpretation and systematization, placing them in the corresponding place in conceptual constructions that group classes of norms. Dogmatic role in the Constitution of Venezuela: In the Venezuelan Constitution, the dogmatic part is formed by the basic principles that determine the political and territorial configuration of the Venezuelan State, as well as by the enumeration and regulation of fundamental rights, their guarantees and obligations.

On the other hand, the guiding principles of social and economic policy are included.