(c) The conditions of Jorge Glas’ detention, sentenced in the same case, led to measures by the Inter-American Commission 18 which continues to carefully observe his situation. (d) The polarization and resulting political struggle in Ecuador is fierce, the country is deeply divided and the main opposition political party is that headed by the predecessor of the executive that called the referendum. 58. For these reasons, to which I add those that I will present below, and despite the high respect that the opinion of the majority deserves, I will deviate from its criteria, considering that in this case everything indicates that the State intends to use this Court to apply its judgment in the framework of an open, ruthless and extremely crude internal political polarization. III CONSEQUENCES OF THE JUDGMENT III.1. Minimal Legal Realism 59. For decades I have declared myself decidedly inclined towards legal realism in the sense that the law must respect the facts of the world's reality. Since there are several currents of legal thought that are identified as realist (for example, North American legal realism and others), 19 I allow myself to specify the theoretical framework from which I proceed to consider the present case. 60. In post-war Germany, traumatized by the disaster, there was a revival of natural or supralegal law in all its versions, accusing legal positivism of having given way to the distortions that had allowed the perversion of law under Nazism. 61. This revival of all jusnaturalism responded to the healthy intention of limiting the omnipotence of the legislature and was even accepted in the first sentences of the brand new Bundesverfassungsgericht. In the midst of these discussions typical of the times of Adenauer's reconstruction, the most limited, modest and yet elementary of the invocations to realism was expressed, with the name of logicalreal structures (sachlogischen Strukturen) 20, formulated in opposition to the Southwestern neo-Kantian position, which started from a theory of knowledge that limited it to the data of the world ordered by value, that is, to the school that held that what value did not order, although it belonged to the world, could not be incorporated to law, which was a cultural science or of the spirit, as opposed to the empirical or natural sciences. 21 62. On the contrary, the theory of logical-real structures is based on the elementary premise that, although the legal order is an order, it is not the only order in the world, where there are many other orders (physical, natural, social , cultural, etc.) that belong to the reality or ontology of the Welt (world) and that, of course, is not chaos. 18 ICHR, Precautionary Measures in favor of Jorge David Glas Espinel in Ecuador, Order 69/2019, of December 31, 2019, Precautionary Measure No. 1581-18. 19 Cf. Luis Recasens Siches, Panorama del pensamiento jurídico en el siglo XX, (Panorama of Legal Thought in the Twentieth Century) Mexico, 1963, pp. 619 ff. In Hans Welzel, Más allá del derecho natural y del positivismo jurídico, (Beyond natural law and legal positivism)trad. by Ernesto Garzón Valdez, Córdoba, 1962; more broadly in Naturrecht und materiale Gerechtigkeit, Göttingen, 1962. 20 21 V. Wilhelm Windelband, Geschichte der Philosophie, Berlin, 1916; Heinrich Rickert, Ciencia cultural y ciencia natural, (Cultural science and natural science), Madrid, 1963. 10

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