The Assault on Classical Legal Thought in Colombia (1886-1920)

Jorge Gonzalez-Jacome, Pontificia Universidad Javeriana

Abstract

The topic of this paper is the tensions among classical legal thought (CLT) and other modes of legal thought in Colombia between 1886 and 1920. My main claim is that, during this period, CLT was attacked by a version of traditionalism and by a social-based legal thought. The former was evident in the constitutional discussions around the 1886 Colombian Constitution, while the latter became apparent in the interpretation of the Civil Code in areas such as property, contracts and torts. My goal is to tell a story that gives a sense of the fall of CLT as a process crossed with tensions and not merely as an abrupt replacement of one consciousness with another. Therefore, I show not only the attacks but also the responses of CLT to the threats posed by traditionalism and social-based legal thought. This work is divided into four main parts. Part I explains the issues at stake in CLT. It gives a broad idea about the claims of this mode of thought in Colombian legal history. Part II presents the conflict between traditionalism and CLT in constitutional law. The discussions led by the main figures of traditionalism and CLT in Colombia show how both modes of legal thought shared an authoritarian project that was expressed through different arguments. Part III introduces the tension between CLT and social-based legal thought. To make evident this conflict I divide this part into three sections dealing with property, contracts and torts. In Part IV I offer some conclusions.