Pensamiento Jurídico

Focus and Scope

The Journal Pensamiento Jurídico of the Faculty of Law, Political and Social Sciences of the Universidad Nacional de Colombia, is an academic, scientific and refereed journal with a periodicity of two journals per year. Its contents are aimed at jurists, researchers, lawyers, professionals, students, members of the judicial, legislative and executive branches and, in general, all those interested in legal matters, treated from an interdisciplinary perspective both in the country and abroad.

The publication covers a wide range of legal and social sciences and disciplines, including legal theory, legal philosophy, legal history, legal sociology, constitutional law and law and politics. We seek to become a space for dissemination, examination and debate by disseminating the most relevant contributions on the topics under study that allow the strengthening of the academic community.

Among our objectives we have:

1) To make known to the national and international academic community, research articles in the areas of law, social sciences and politics.

2) Contribute to the consolidation of a university academic community in the aforementioned fields of knowledge.

3) To become a first-hand bibliographic reference for researchers, professors and the general public in the fields covered by the publication. 

Pensamiento Juridico does not charge any amount of money for the submission or processing of articles.

Pensamiento Juridico does not charge any amount of money for the submission or processing of articles.

• 3. GENERAL STANDARDS FOR ORGANIZING THE ARTICLE: the following criteria should be taken into account:
  -Name of the article in Spanish and English
  Name(s) of the author(s) with an asterisk which will indicate at the bottom of the page the author's affiliation, in which the academic background and position or field of work will be indicated in 2 or 3 lines and the respective e-mail address.
  -Abstract in Spanish and English (maximum 50 words).
  -Key words in Spanish and English (5 to 8).
  -Titles. In all cases they should appear in left margin, with numbering according to the table of contents without tabulation, respecting the following rules:

1) Main titles in bold, size 12, Times New Roman.

2) Secondary headings in bold, size 10, Times New Roman.

3) Subtitles in italics, size 10, Times New Roman.

1. Numbers:

1) Footnote numbers should appear as superscripts BEFORE a period or comma if any.

2) The writing of numbers should correspond to Spanish standards, i.e., the numbering should have a period (.) and not a comma (,) for numbers indicating thousands and millions. Decimal numbers should be written with a comma (,).

Example:

1,000; 10,000; 100,000 or 1,000,000 for thousands and millions.

52.7; 9.1; 10.5 or 100.0 for decimals.

When the number designates an enumeration it shall be written in letters.

Example:

In 1990 twenty-four people toured the place, eight of them....

Graphic elements: keep in mind that the interior is printed in black and white, therefore for any graphic element in the previews (illustrations, maps, charts, tables, etc.) the necessary precautions should be taken for its correct interpretation. Contrasted gray tones or use of stripes or dots that allow a clear reading or identification.

1) Illustrations:

a) Charts, tables, photos, maps or others (with their respective numbering, scales, titles and/or epigraphs) may be sent separately, indicating in the text, the location of each one of them. The text should include references to the corresponding illustrations.

b) The symbols included should be clear and well differentiated from each other. If possible, flat geometric figures should be used.

c) In all cases the title and source of the information shall appear as follows:

Example:

Table 1. (Centered, size 10, Times New Roman)

 

Some educational indicators, Mexican Republic

1a. Population between 6 and 14 years old attending school

(% of total population)

(Centered, bold and italic, size 10, Times New Roman)

Attend school
Year	1990	1995	1997	1997	1997
Age (years)				Hombres	Mujeres
6-14	85,81	92,15	92,23	93,1	91,4

Source: Informe de Labores 1998-1999 de la SEP, Mexico.

2) Maps

a) Present maps that include only the essential elements, avoiding excessive drawing or text overload.

b) Each map should show in a box located in the upper or lower right corner, the location of the sector at regional/provincial/ and country level.

c) Remember that these images are printed in black and white.

3) Graphics

a) Graphics and diagrams should be of adequate original quality. It is recommended that in all cases a computer graphics program be used. Do not use color in diagrams.

b) Clearly define, in the case of tables, the columns and rows that head the entries to the inner values of the tables.

Keep in mind that no additions or modifications will be allowed once the editing process and subsequent graphic composition of the document has begun.

4. CITATION RULES

Pensamiento Jurídico accepts two citation systems, the APA System and the ICONTEC System. Authors may only use one of them in their texts.

In the following links you will find detailed information on how to cite all types of documents and they are used by the editors of the journal to make corrections in the articles.

Examples of references in APA System.

In this document you will find APA Style citation and referencing guidelines, elaborated by the Unijus editorial team (2021).

If, on the other hand, the author(s) will use ICONTEC standards, different examples can be found here.

We add some examples for the different uses of the citation systems:

APA SYSTEM. When citing an author or paper, in the central body of the article you have three options for placing citations in relation to the text.

A) Place the author(s) and date(s) in parentheses in an appropriate place within or at the end of a sentence:

Examples

The concept of natural law has fallen into disuse because of its many shortcomings in its foundation (Silva 1976).

Human rights are legally enforceable (Díaz and Sánchez 2010).

Analytical categories in law are relevant for argumentation (López, Castro and Pérez 1998).

B) Place only the date in parentheses:

Example:

Sanchez, Aldana, and Fischer (2009) have asked whether, "Do the decisions of the Constitutional Court have no control?" (p. 96).

Note that you have to provide the page number(s) in parentheses for direct quotations. You do not need to provide the page number if you are summarizing or paraphrasing a source, rather than citing.

C) Integrate the author and date into your sentence:

Example:

In 2009, Robledo and Puerta reported that, after analyzing the decisions of the Supreme Court of Justice regarding the parapolitics cases, ....

When citing a document prepared by one or two authors, the surnames should be cited in all citations.

Example:

 (Caro & Camacho 2009) or Caro and Camacho (2009).

When citing a document elaborated by 3 to 5 authors, all authors should be cited in the first citation; but in all subsequent citations, the name of the first author followed by et al. should be used.

Example:

First citation: (Aldana, Ramirez and Orozco 2009).

Subsequent citations: (Aldana et al 2009)

When citing a document prepared by more than six authors, the name of the first author followed by et al should be used in all citations:

Example:

 (Murcia et al 2000)

When citing a document prepared by an organization, the full name of the organization should be used in the first citation, however in subsequent citations the abbreviation of the organization's name should be used.

Example:

First reference: (National Institute of Health [INS] 2005).

Subsequent references: (INS 2005)

When citing two or more papers they should be referenced in parentheses and separated by the use of semicolons.

Example:

 (Aldana, Orozco and Ramirez 2009; Singer 1976).

When citing two or more works produced by the same author it is sufficient to indicate the years of elaboration of the documents in chronological order from the most recent to the oldest:

Example:

 (Artunduaga 2005; 1999)

When citing a quotation contained in another document (secondary reference), both the document being cited and the one from which the quotation is taken must be indicated as shown below:

Example:

Racial injustice is one of the risk factors for the adequate development of children according to Cohen et al (as cited in Greenberg, Domitrovich and Bumbarger, 2000).

ICONTEC SYSTEM: footnotes are used. They should be numbered consecutively (1, 2, 3, etc.). The number must appear in the text with superscript preceding the punctuation mark. They should appear as follows:

A) When referring to a book:

Roth Deubel, André-Noël. Políticas Públicas, Formulación, Implementación y evaluación, Bogotá, Ed. Aurora, 2002, p. 232.

B) When citing a set of pages of a book:

Roth Deubel, André-Noël. Políticas Públicas, Formulación, Implementación y evaluación, Bogotá, Ed. Aurora, 2002, pp. 232-234.

C) When it refers to an article published in a scientific journal:

Alcántara, Cynthia Hewitt, "Usos y abusos del concepto de gobernabilidad", in Revista Internacional de Ciencias Sociales, No. 155, Bogotá, Unesco, 2000, pp. 5 - 56.

D) When citing an article (opinion column type) published in newspapers:

Rodríguez Giavarini, Adalberto, "Hacia la integración latinoamericana", in La Nación, August 30, 2000, pp. 17-23.

E) When citing an article (news type) published in newspapers:

"El congreso buscará un acuerdo para el despeje", in Vanguardia Liberal, June 21, 2002, pp. 3A and 5B.

F) When citing someone immediately above:

Ibid, p. 23

G) When citing someone previously cited, but not immediately:

Roth Deubel, Public Policy, op. cit. p. 176.

5. BIBLIOGRAPHY

All the bibliography cited in the text using the APA System (author: year), or the ICONTEC System should be at the end of the text, respecting the following criteria:

A) When referring to a book:

Roth Deubel, André-Noël. Políticas Públicas, Formulación, Implementación y evaluación, 1° Ed., Bogotá, Ed. Aurora, 2002.

B) When referring to an article published in a journal:

Alcántara, Cynthia Hewitt, "Usos y abusos del concepto de gobernabilidad", in Revista internacional de Ciencias Sociales, No. 155, Bogotá, UNESCO, 2000, pp. 4-67.

C) When citing an article (opinion column type) published in newspapers:

Rodríguez Giavarini, Adalberto, "Hacia la integración latinoamericana", in La Nación, August 30, 2000, p. 7.

D) When citing an article (news type) published in newspapers:

"El congreso buscará un acuerdo para el despeje", in Vanguardia Liberal, June 21, 2002, pp. 8-12.

E) Electronic documents:

Aguilera Peña, Mario, "Por primera vez, la mujer tuvo derecho de votar en 1953", in Revista Credencial Historia, Ed. 163 de 2003, Digital publication on the website of the Biblioteca Luís Ángel Arango del Banco de la República, Bogotá, http://www.lablaa.org/blaavirtual/revistas/credencial/junio2003/inedito.htm (20.04.2009).[1].

F) Historical legislation (primary sources): First, the name of the norm must be written in italics, then followed by a comma, the source in which it is found, there being 3 options. The first is a book, the second is a judicial gazette or any other normative compilation, and the third is an electronic source available on the Internet.

In the case of a book, first the name of the norm must be written in italics; then the name of the authors, in small caps; followed by the title of the work in italics; then the country, the publisher and the year of the edition. These data shall be separated by commas.

Example:

Cuban Constitution of 1895 by Jimaguayú, in Lazcano Mazón, Manuel (ed.), Las constituciones de Cuba. Historia y texto de las constituciones de la República de Cuba, Madrid, Ediciones Cultura Hispánica, 1952, pp. 25-40.

Estatuto Real para la convocación des las Cortes generales del Reino, mandado observado por S.M. la Reina Gobernadora en 10 del corriente, 1834, in Gaceta Madrid, No. 55, 16 April 1834, pp. 251-252. (ed.), Constitutions of the World from the Late 18th Century to the Middle of the 19th Century Online, http://modern-constitutions.de/CO-CU-1811-03-30-es-i.html (20.04.2009).

Constitución de Cundinamarca de 30/03/1811, Santafé de Bogotá, Imprenta Patriótica de D. Nicolás Calvo y Quijano, 1811. Location: Luís Ángel Arango Library of the Banco de la República, Bogotá, Rare Books and Manuscripts Room. Ed. By: Marquardt, Bernd (ed.), "Constitutional Documents of Colombia 1793-1853", in Dippel, Horst (ed.), Constitutions of the World from the Late 18th Century to the Middle of the 19th Century Online, http://modern-constitutions.de/CO-CU-1811-03-30-es-i.html (20.04.2009).

G) Judicial rulings:

Example:

Constitutional Court of Colombia, Judgment T-325/1996, MP Carlos Gaviria Díaz. Available at (Internet pages, books, etc.) (20.04.2009)

Supreme Court of Justice, Civil Cassation Chamber, MP Alejandro Bonivento Fernández, Gaceta Judicial No ...., date .... Available at (Internet page, book, etc.) (20.04.2009)

U.S. Supreme Court, Marbury v. Madison, 5 U.S. 137 (1803), in Find Law for legal professionals, http://laws.findlaw.com/us/5/137.html (20.04.2009).

BVerfGE 7,198, judgments of the German Federal Constitutional Court, at http://www.bundesverfassungsgerichst.de/entscheidungen.html (Apr. 20, 2009).

Note: In the bibliographical section, the books, articles and papers used in the article should be listed alphabetically in ascending order by surname. When several publications of an author are cited, these are ordered chronologically from the most recent to the oldest. If several works by the same author from the same year are cited, they are ordered by adding a letter to the year in alphabetical order. In this bibliographic list, the pages consulted are not cited, but only the initial and final pages of the articles of magazines, newspapers or chapters of a collective work (of several authors).

6. GENERAL RULES FOR SUBMISSION

In order to submit an article it is necessary to attach the following signed cover letter stating that the article has not been published and that it will not be submitted simultaneously to another journal while it remains in the refereeing process.

All authors must submit an additional file with complete details of their academic background, institutional affiliation, e-mail (institutional and personal) and list of recent publications. Download the document here. 

All submitted texts will be treated in the same way and in a confidential manner. They will be sent to the Editorial Committee, which will designate the specialist referees who will carry out the academic evaluation of the materials, and who will not know the identities of the authors. Once the articles have been evaluated and approved, the journal will communicate with the authors, and will then begin the process of style correction and fine-tuning of the selected material.

Peer Review Process

The evaluation procedure will be as follows:

• The Editorial Committee will make a first filter of the articles received in which they verify the relevance of the topic, compliance with presentation requirements and the originality of the text through the Turnitin anti-plagiarism platform.
• The Editorial Committee will designate two peer reviewers who will carry out the academic evaluation of the materials, and who will not know the identity of the authors (double-blind mode).
• The peer reviewers will give a concept in which they will determine if the article is: Approved for publication; Not approved or Approved with modifications. In the latter case, the peer reviewers will clearly indicate the adjustments to be made to the manuscript.
• If the article is Approved with modifications, the author will be sent the comments and adjustments suggested by the peer reviewers, which must be made.
• Once the corrections have been received from the author, they will be sent to the peer reviewers who will determine whether the article is Approved or Not Approved for publication with the adjustments made.
• In case of discrepancy in the concepts issued by the two peer reviewers, a third reviewer will be appointed. The article will be considered rejected for publication if this third reviewer is Not Approved.
• Once the articles have been evaluated and approved, the journal will communicate the decision to the authors and the process of style correction and fine-tuning of the selected material will begin.

The editorial committee will have 15 days to designate the arbitrator based on its reception and at the same time the academic pair will have 15 days to render their concept.

Among the criteria to be considered by the evaluating pair are:  

• Application of the citation standards required by the journal (APA Standards sixth edition)
• Relevance and timeliness of the topic addressed Originality and contributions of the article to the respective field of knowledge Scientific and argumental rigor
• Methodological coherence (Concordance between the approach of the problem, the objectives and the results) Current and relevance of the bibliography
• Clarity in the presentation and writing of ideas
• Opinion on the quality of the article

 

Open Access Policy

This journal provides immediate free access to its content on the principle that making research freely available to the public supports a greater exchange of global knowledge.

Articles are published under the CC BY license.

Editorial Ethics Policy

The journal defines the following criteria and recommendations related to ethics in scientific publication:

1. General criteria

1.1. The articles must contain sufficient detail and references to permit replicate or refute the study.

1.2. Fraudulent or knowingly inaccurate statements constitute unethical behavior.

1.3. You must respect the privacy rights of human beings.

2. Authorship

Criteria:

21. An "author" is the person who has made a significant intellectual contribution to the article, therefore, all persons named as authors should qualify for authorship, and all those who meet should be mentioned explicitly.

2.2. They must collectively meet three basic criteria to be recognized as author:

a) Contribution: substantial contributions to conception and design, data acquisition, analysis and interpretation of the study.

b) drafting or revision of intellectual content.

c) Approval of the final version.

2. 3. The order of authorship should be a joint decision of the coauthors.

2.4. Persons participating in a study but do not meet the criteria for authorship must be listed as "Partners" or "recognized persons".

2.5. There are three types of authorship that are considered unacceptable: authors "ghost", which contribute substantially but are not recognized (often paid by commercial developers); authors "guests" who make no discernible contribution but are named to increase the chances of publication; and authorship "honorary", which are based solely on a tenuous affiliation with a study.

Recommendations:

2.6. Before starting the research it is recommended to document the function and how the responsibility of each researcher will be recognized.

2.7. Do not lie on the participation of a person in research or publication, if their contribution is considered "substantial" authorship is justified, either as author or collaborator.

2.8. You do not assign authorship without the consent of the person.

2.9. All persons named as authors should qualify for authorship, and all those who qualify should be listed as authors or contributors.

2.10. Some groups put the authors in alphabetical order, sometimes with a note explaining that all authors made equal contributions to the study and publication.

3. Changes in authorship

Criteria:

3.1. It refers to the addition, deletion or rearrangement of author names in the author of an accepted article.

3.2. Requests to add or remove an author, or to rearrange the names of the authors should be sent by the corresponding author of a paper accepted, and should include:

 a) The reason why the the names of the authors should be added, deleted or reorganized.

b) The written confirmation (e-mail) of all authors agree with the addition, deletion or reorganization. In the case of addition or removal of the authors, this includes confirmation that the author is added or removed

4. Conflict of interests

Criteria:

4.1. When a researcher or author, publisher have any opinion or financial / personal interest that could affect their objectivity or improperly influence their acts, there is a potential conflict of interest. Such conflicts can be real or potential.

4.2. The most obvious conflicts of interest are financial relations, such as:

a) Direct: employment, stock ownership, grants, patents.

b) Indirect: fees, consulting promoting organizations, property of investment funds, pay for expert testimony.

4.3. Conflicts can also occur as a result of personal relationships, academic competition and intellectual passion. For example, a researcher who has:

a) any personal interest in the outcome of the investigation.

b) Personal opinions that are in direct conflict with the topic they are researching.

Recommendations:

4.4. Disclose if you are in any real or potential conflict of interest that inappropriately influence on the findings or results of the work presented, within three (3) years of beginning the work presented that could unduly (bias) influence the work.

4. 5. Reveal the role of a promoter (s) of the study, if any, in study design; in the collection, analysis and interpretation of data, writing the report and the decision to submit the paper for publication .

4.6. Researchers must not enter into agreements that interfere with their access to all data and its ability to analyze it independently, and to prepare and publish manuscripts.

4.7. When submitting a document, you must make a statement (with the heading "Paper that has been the source of financing") in a separate text and placed before the "References" section.

4.8. Some examples of potential conflicts of interest that must be disclosed, including: employment, consultancies, stock ownership, honoraria, paid expert testimony, patent applications / registrations and grants or other funding.

4.9. All sources of financial support for the project must be disclosed.

4.10. You must describe the role of the study sponsor.

5. Publication duplicate

Criteria:

5.1. The authors are required to check that their articles are based on original research (never published before). Sending or forwarding his work intentionally for a duplicate publication is considered a breach of editorial ethics.

5.2. a duplicate or multiple publication occurs when two or more items, without making references to each other, essentially share the same hypothesis, data, discussion points and / or conclusions. This can occur in varying degrees: literal Duplication, partial duplication but substantial or even by paraphrasing.

5.3. One of the main reasons that duplicate publication of original research is considered unethical is because it can lead to an "inadequate weight or inadvertent double counting" of the results of a single study, which distorts the available evidence.

Recommendations:

5.4. Articles submitted for publication must be original and should not have been sent to another publisher. At the time of shipment, authors should disclose details of related items (also when they are in another language), like newspaper articles and translations.

5.5. Although a paper submitted is being reviewed and does not know the state of it, you must wait for the journal´s report before contact with another journal, and only if the other publisher does not publish the article.

5.6. Avoid submitting an article previously published in another journal.

5.7. Avoid sending articles describing essentially the same research to more than one journal.

5.8. Always state the previous submission (including meeting presentations and the inclusion of results in registries) that could be considered a duplicate publication.

5.9. Avoid writing about his own investigation into two or more items from different angles or different aspects of the investigation not to mention the original article.

5.10. It is considered manipulative create multiple publications as a result of the same investigation.

5.11. At the time of shipment, specify every detail of articles in a different language and existing translations.

 

6. Recognition of sources

Criteria:

6.1. Authors must cite publications that have been influential in determining the nature of the work presented.

6.2. Information obtained privately must not be used without express written permission from the source.

6.3. The reuse of tables and / or figures requires the permission of the author and editor, and must be mentioned properly in the legend of the table or figure.

6.4. The information obtained in the course of confidential services, such as arbitration manuscripts or grant applications must not be used without the express written permission of the author of the work involved in such services.

7. Scientific Fraud

Criteria:

7.1. Fraud in scientific publication refers to the submission of false data or conclusions that were not generated through a rigorous screening process.

7.2. There are the following types of fraud in the publication of research results:

a) Manufacture of data. Invent data and research results and then communicate.

b) Falsification of data. Manipulating research materials, images, data, equipment or processes. Counterfeiting includes modification or omission of data or results such that the research is not accurately represented. A person could falsify data to suit the desired study outcome.

Recommendations:

7.3. Before submitting an article, please read the editorials and journal data policies.

7.4. Never alter, change or omit information intentionally. This includes research materials, processes, equipment, tables, citations and references.

7.5. Both manufacturing and data falsification are forms of serious misconduct because both result in scientific publications that do not accurately reflect the observed truth.

7.6. The author must make a proper data management that support the investigation, taking special care in the collection, production, storage, analysis and reporting of data.

7.7. Keep careful records of raw data, which must be accessible in case of an editor's request even after publication of the article.

8. Plagiarism

Criteria:

8.1. Plagiarism is one of the most common forms of misconduct in publications, it happens when an author poses as their own the work of others without permission, mention or recognition. Plagiarism occurs in different forms, from the literal to the paraphrased copy of another person's work, including: information, ideas, concepts, words and phrases.

8.2. Plagiarism has different severity levels, such as:

a) How much of someone else's work took (several lines, paragraphs, pages, whole article)

b) What is it was copied (results, methods or input section)

8.3. Plagiarism in all its forms constitutes unethical publishing behavior and is unacceptable.

8.4. Verbatim copying is only acceptable if it indicates the source and include the copied text in quotes.

Recommendations:

8.5. Always remember that it is essential to recognize the work of others (including work your adviser or their own previous work) as part of the process.

8.6. Do not  replicate a work, word by word, in whole or in part without permission and reference to the original source.

8.7. Keep track of the sources used to investigate and where used in his article.

8.8. Be sure to fully recognize and properly cite the original source in his article

8.9. Even when you reference the source, avoid using other people's work word bu word unless you do it in quotes.

8.10. The paraphrase is only acceptable if properly indicates the source and make sure not to change the intended meaning of the source.

8.11. Include quotes and cite all the content is taken from a published source above, even if it is saying in their own words.

9. Fragmentation

Criteria:

9.1. Fragmentation is to divide or segment a large study in two or more publications.

9.2. As a general rule, provided that the "fragments" of a study divided share the same assumptions, population and methods, it is not considered an acceptable practice.

9.3. The same "fragment" should never post more than once. The reason is that fragmentation can lead to distortion of the existing literature.

Recommendations:

9.4. Avoid improperly split the data from a single study in two or more works.

9.5. When submitting a job, be transparent. Send copies of manuscripts closely related to the manuscript in question. This includes manuscripts published recently accepted or already sent.

10. Correction of published articles

Criteria:

When an author discovers a significant error or inaccuracy in the published work, the author is obliged to immediately notify the magazine and cooperate in the process of correction.

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