Custom in the colombian private law: view from the analytical theory of law and the theory of strategic interaction

Abstract

In traditional legal doctrine, Law and Custom modes are typical manifestation of the Law. In the twentieth century, the thesis iusfilosóficas Norberto Bobbio (1950) Analytical Theory of Law, according to which ‘the law is prescriptive discourse Legislator’ born. Within this conceptual framework, customary law has received attention as a residual theoretical problem; however, the Law and Custom have become a source of Law from lege data, moreover, the mores mairoum have chronologically preceded the Act. Only the study of Bruno Celano (1995) proposes a moderate position in analytical dialectic of Bobbio, leading to the Theory of Strategic Interaction; this, professor, University of Palermo, not pretermit the spontaneous formation of social rules. Is not the intention of the author exposing a vast work of legal teleology, with a detailed description of nuclei iusfilosóficos overwhelm the natural content of disclosing lesson. Yes is expected to hold a reasoned defense of the important role of Tradition in the Colombian private law