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The Journal Pedagogia Universitaria y Didáctica del Derecho will close the submission period until August 31, 2025.

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Analogical analysis of jurisprudence as a tool for legal research

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Abstract

Judicial pronouncements have been of vital importance for the transformation of law in Latin America. In Colombia, particularly, different authors have proposed techniques by which the interpretation of these pronouncements could be carried out for a «correct» application by operators; these two techniques are static analysis and dynamic analysis. However, given the dissimilarity of the ratios between the pronouncements of the different high courts the construction or approach of a technique that allows elements so that these ratios as a whole can be considered for different cases, becomes more than pertinent. Hence, this article aims to establish a technique that allows analysis of jurisprudence for the integration of different ratios when addressing legal scenarios and problems.

Keywords:

Jurisprudential analysis, analogical hermeneutics, extensive interpretation, corrective interpretation

Author Biography

Tirson Mauricio Duarte-Molina, Universidad de San Buenaventura, Cali

Doctor in Social and Legal Sciences from the Rey Juan Carlos University, Spain, lawyer, master's degree in Law (research) from the Icesi University and professor at the University of San Buenaventura, Colombia. Member of the Latin American Network of Methodology of Social Sciences (RedMet).
His email is tmduarte@usbcali.edu.co.