Estado-nación en Colombia como orden jurídico-político híbrido: revisión teórica a propósito de la noción de ‘failed state’

Abstract

As a consequence of social, economic and military conflicts, Colombia has been considered throughout history as a failed or failure State. The latest studies conducted by Fund for Peace show that Colombia, although it has achieved an improvement, it is still in a high warning against statehood indices, leaving several debts in matters of state security, State fragmentation and economic development (Fund for Peace, 2018). Following the foregoing, statehood analyses that determine the level of success of a legal-political order and that study economic, political, and social factors have a significant Western European influence, as a consequence of the modern State that has been developed by authors of contractual influence. Despite what has been described, these studies are applied in countries of South America, such as Colombia, which possess geographic, social, cultural and historical conditions very different from the States of the European continent, which can lead to errors because they have different characteristics. Therefore, this article seeks to carry out a conceptual analysis of State hybridity, beginning with the definition of a modern State, from a social and legal perspective, continuing with the explanation of cultural hybridity, having as reference the relationship legality-illegality that contributes in the construction of State, in this way to construct a definition of Hybrid State and so on, postulate state hybridity as a form of legal-political organization in Colombia.