Our

Legal Writings

To provide a fair outcome that aligns with the law’s original intent.

Before indicating which interpretative theories I use—or believe I use—in my practice as a judicial operator, I must briefly explain what I do. I am a judge of a Court of Appeal in a specialized area of our legal system, namely real estate law. In my country, matters...

The Art of Judging: Positivism vs. Principles

First, it should be noted that the control of conventionality, the control of constitutionality, and the principle of interpretation in conformity form part of our legal system and may indeed be applied by Dominican courts. If we examine the provisions of Article 74,...

Literal Interpretation: Objective or Arbitrary?

Despite the apparent simplicity of the question posed at the beginning of this essay, we cannot deny the multiple concepts that intersect in order to provide an adequate answer. First, legal interpretation through the literal method implies attributing to the norm its...
Topic: Biotechnology and Designer Babies

Topic: Biotechnology and Designer Babies

We are asked to give a personal consideration regarding biotechnology and the so-called “designer babies.” Before expressing my reflections on this topic, I must indicate that this field is full of...

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Legal Argumentation: Classical Roots

Legal Argumentation: Classical Roots

Juan Antonio García Amado, in his essay “Rhetoric, Argumentation, and Law,” explains that in order to understand the role that rhetoric currently plays in legal argumentation, it is necessary to...

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Public Powers & Constitutional Bodies

Public Powers & Constitutional Bodies

1. main functions of the public powers Article 4 of the Constitution of the Dominican Republic establishes the division of the government of the Nation into three public powers: the legislative, the...

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Understanding the Foundations of Bioethics

Understanding the Foundations of Bioethics

When I attended Law School, in my inheritance law classes, we discussed whether a biological child could inherit even if he or she had not been conceived during the lifetime of the father. When this...

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