El leviatán híbrido: un campo de paralegalidad y soberanía compartida en Colombia

Abstract

Frequently, stateness is usually considered as a state’s legal ability to deliver goods or services. This understanding implies that stateness is structured by the positive law. However, through this study, it is shown that such legal capacity is often supported by practices that may well be defined as illegal (or paralegal) and that any ‘statehood measurement’ should take into account, situation that for the Colombian and, in general, Latin American cases, this has not been done to date. Under this understanding, it is proposed for the study of the Colombian State (Leviathan), the notion of hybrid statehood, that is, an understanding of statehood that considers the capacity of the State to operate illegally.