Teoría nuestra-americana de los derechos humanos

Abstract

According to Thomas Kuhn, the paradigms are “the whole constellation of beliefs, values, techniques, etc., shared by the members of a given community”, on the other hand, Imre Lakatos talks about investigation programs, thus the constellation accepted by a scientific community in the Ibero-American regional philosophy, regarding human rights arises from the paradigm or investigation programs, that we have called our-American iusmaterialism, this emerged in the decade of the 80’s, from the criticism of the liberal European paradigm, but with the years and the set of historical, philosophical, legal reconstructions, social, artistic and cultural, this Ibero-American tradition, has the necessary elements to be formulated as an epistemological rupture that generates the paradigm of our-American iusmaterialism, forming theories such as analogical historical iusnaturalism, Ibero-American pluralism, analogical hermeneutics, hermeneutics from the Ibero-American real, the socialist theory of people’s lives among others, on the other hand, internal traditions are formed that may be: the tradition of pre-American peoples, the Spanish-Latin American tradition and the IberoLatin American tradition. This research work does not intend to establish a unique structure, only to discuss the scientific community, the possible emergence of a new paradigm of law, our-American Iusmaterialism, which is still emerging and under constant construction.