ISSN 0718-9753 online version
ISSN 0717-5345 print version

INSTRUCTIONS TO AUTHORS

Scope and policy

CHARACTERISTICS AND OBJECTIVES. The LAW JOURNAL OF UNIVERSIDAD CATÓLICA DEL NORTE, (that can be quoted as RDUCN, for its acronym in Spanish) is a scientific publication that deals with the study of all the legal disciplines in order to contribute to the development of the Juridical Science, promoting the critical research about topics of theoretical as well as practical relevance. Assuming the challenges of globalization, it also looks for the treatment of matters of cross interest that look into other juridical models.

PERIODICITY. The RDUCN is published every six months, in periods that go from January to June and from July to December each year.

ANNOUNCEMENT. All persons related to the fields of study of Law, foreign or domestic are invited to present their works to be published in the RDUCN, in its four permanent sections, that are: research, essays, commentaries to jurisprudence and commentaries to bibliography. In the section of research only dogmatic pieces of work shall be included that make scientific contributions in the areas of the corresponding knowledge. The section of essays will be destined to receive works of a speculative or accessible character or that have an eminently practical or forensic projection. The sections of commentaries to jurisprudence and bibliography, shall gather the specialized analysis and novelties registered in them, accordingly.

ORIGINALITY. Only original and unpublished pieces of work sent by the authors will be accepted, in all the areas of Law. Submitting an original supposes the commitment by the author not to submit it simultaneously to consideration to other regular publications.

COPYRIGHT. Submitting the original supposes the author grants to the RDUCN the reproducing rights once his/her publication has been admitted.

SELECTION OF THE WORKS. The researches and essays will be reviewed by the Editorial Staff and by the Editor of the Journal. Researches will later be submitted to an arbitration system that implies the assessment by two external arbitrators, who limit their task to a guideline that ensures the objectivity and double anonymity in their verdict. In case of a disagreement in the arbitration, the work will go through a third assessment. For the designation of the arbitrators the professors that hold an SJD degree in their corresponding specialty areas will be privileged. They shall be listed every year by the members of the Editorial Committee and the Editorial Staff. Depending on the result of the arbitrations, the RDUCN will be entitled to accept or reject the publication of the received pieces of work, as well as suggesting the author (s) certain changes in the form that do not imply a change in the content of the work.

OFF-PRINTS. Those contributors whose works have been accepted and published by the RDUCN, will receive a copy containing his/her work at no cost plus twenty-five off-prints.

Form and preparation of manuscripts

I.- NORMS ABOUT FORMAL CHARACTERISTICS

1) GENERAL ASPECTS

Collaborators are required to observe the following requirements. If this is not the case the EDITORIAL STAFF shall have the accepted work refrain to such norms. The researchers must be sent to the E-mail: revistaderecho@ucn.cl.

Every article should have a complete title, the name of the author, the academic degree and the institution affiliation (in case it exists).

It shall contain an abstract in Spanish – and in English, whenever possible – of no less than 100 words and no more than 200. It should also include five key words (in English and Spanish).

At the beginning of each article it is convenient to mention the epigraphy and sections that are included in the table of contents.

Preferably, the title of the work and its main divisions shall be written with the Font VERSALES. The same font is recommended for surnames of authors mentioned in the bibliographic references.

Likewise, cursive letter is recommended for other titles and journals; for the titles’ sources; for the transcription of source texts (for example, articles of a Code or Law or paragraphs of a sentence) and to highlight a word or phrase of the work or its quotes. Bald letter will not be used, except in the titles. No underlining is to be used.

For quoting, a foot note should be used.

Due to possible misunderstanding by the reader, abbreviations such as "cfr.", "vid.", "oo.", "cit.", "op. cit.", "ídem", "dir.", etc. should not be used. To refer to a full text, all the pages should be mentioned (do not use “passim” or any other abbreviation). When indicating the pages of a work in the bibliographic reference “p.” and “pp.” should be used, meaning page and pages, respectively.

2) DIVISIONS OF THE TEXT AND NUMBERING

The text and articles should be divided and numbered observing the following indications.

For this purpose, it is recommended to use three levels maximum for the main divisions and subdivisions of the text (chapters, sections and subsections), listed under Arabic numbers, followed by a full stop or parenthesis, with periods between the numbers to indicate hierarchy.

Example:

1) TITLE OF THE CHAPTER (bald, font size 11 points)

(1.1.) TITLE OF THE SECTION (bald, font size 11 points)

(1.1.1.) Title of the subsection (round letter, Font size 11 points)

The sections corresponding to introduction, preface, prologue or similar will not be numbered, but rather indicated in the same font and size as the titles of chapters. The same shall apply to conclusions, bibliographic and jurisprudential listings, annexes and other divisions at the end of the article.

II.- NORMS ABOUT BIBLIOGRAPHIC AND JURISPRUDENTIAL REFERENCES

This system of reference norms adjusts to the norms dictated by the INTERNATIONAL STANDARIZATION ORGANIZATION, ISO 690 and ISO 690-2, related to its equivalents dictated by the INSTITUTO NACIONAL DE NORMALIZACIÓN [NATIONAL STANDARIZATION INSTITUTE]: NCH 1143. Of1999 Documentation –Bibliographic references– Content, form and structure, and NCH 1143/2.Of2003 Information and documentation – Bibliographic references – Part 2: Electronic documents or parts of them, respectively.

In those areas not solved by this system of reference norms, please refer to the aforementioned ISO and NCH norms.

1) BIBLIOGRAPHIC REFERENCES

At the end of the work a list should indicate all the bibliographic references quoted or referred to in the article under the title of BIBLIOGRAPHY QUOTED or another similar.

In general, the elements corresponding to bibliographic references should be indicated in the same way in the source where they were extracted from, except the indication of the main responsibility or name of the author (s) that must begin with the surname. For those serialized publications, the indication of fascicle (volume or number) should be as complete as possible.

The first quote of a work shall contain the minimal complete reference according to the applicable norms that are exemplified beneath. The following quotes of the same work shall only mention the main responsibility, the year in parenthesis, one or two words indicating the title and the page of the quotation. Citing more than two works of the same author, the abbreviations of the titles should be different, for its correct identification.

(1.1) MONOGRAPHS

(1.1.1.) Norm for the first quotation

MAIN RESPONSIBILITY (in general SURNAME(S), Name(s); if there are more than three authors only the first SURNAME should be mentioned, Name, followed by et al. or et alii, meaning others). Year of edition in parenthesis. Title of the monograph: subtitle. A mention to the secondary responsibility (translator, prologue author, coordinator, editor, etc.). Edition if there is more than one (2nd ed., 3rd  ed., etc.). Place of edition: editorial. Volume (vol.) if there is more than one, page being quoted or total number of pages, if there is reference to the full text.

Examples:

KELSEN, Hans (2002) Pure Theory of Law. Translation by Roberto J. Vernengo. Mexico D.F.: Editorial Porrúa, 364 pp.

BURDEAU, Georges; HAMON, Francis; TROPER, Michel (1991) Manuel Droit Constitutionnel. 22  Edition. Paris: L.G.D.J., 765 pp., p. 132.

DOMÍNGUEZ ÁGUILA, Ramón (2004) The negative prescription. Doctrine and jurisprudence. Santiago: Editorial Jurídica de Chile, 435 pp., p. 74.

MINISTERIO PÚBLICO. FISCALÍA NACIONAL (2000) General Instructive Guideline Nº 36. Santiago: unpublished, 23 pp., p. 7.

(1.1.2.) Following quotations

Examples:

KELSEN (2002) 113.

BURDEAU/HAMON/TROPER (1991) 199.

DOMÍNGUEZ (2004) 255.

MINISTERIO PÚBLICO (2000) 11

(1.2.) SECTIONS OF MONOGRAPHS (CHAPTERS, ARTICLE, ETC.)

(1.2.1.) Norm for the first quotation

MAIN RESPONSIBILITY (in general SURNAME(S), Name). “Title of the section: subtitle”. In: Mentioning of the secondary responsibility with indication to its quality. Year of edition in parenthesis. Title of the complete work. Edition (2nd ed., etc., if more than one). Place of edition: editorial. Volume (vol.) if more than one. Situation of the section in the complete work, page being quoted.

Examples:

CARRILLO DONAIRE, Juan Antonio (2005): “Cattle trails”. In González García, Julio (director): Public Good Law. Valencia: Tirant lo blanch, pp. 531-588, p. 564.

CASSAGNE, Juan Carlos (2007). “Water and the original domain of natural resources”. In González-Varas Ibáñez, Santiago (coordinator). New Water Law. Cizur Menor: Thomson-Civitas, pp. 673-684, p. 682.

(1.2.2.) Following quotations

Examples:

CARRILLO (2005) 564.

CASSAGNE (2007) 682.

(1.3.) ARTICLES IN SERIALIZED PUBLICATIONS (JOURNALS)

(1.3.1.) Norm for the first quotation

MAIN RESPONSABILITY (in general SURNAME(S), Name). Year of edition in parenthesis. “Títle of the article”. A mention to the secondary responsibility. Title of the serialized publication or its standarized abbreviation. Location in source document: volume, number, pages, page being quoted.

Examples:

MASSINI CORREAS, Carlos I. (2001). “Bioethical principles, morale absolutes and the case of human cloning”. Chilean Journal of Law, Vol. 28 Nº 4, pp. 747-757, p. 748.

VERGARA BLANCO, Alejandro (2004). “Scheme of the principles of Administrative Penalty Law”. Journal of Law of the Universidad Católica del Norte. Año 11 Nº 2, pp. 137-147, p. 145.

(1.3.2.) Following quotations

Examples:

MASSINI (2001) 748.

VERGARA (2004) 145.

(1.4.) MONOGRAPHS (SECTIONS AND CONTRIBUTIONS), BULLETIN AND ELECTRONIC DATA BASES

In general the aforementioned rules should be followed for each of the documents mentioned, with the specific difference –depending on the substrate and format – of individualizing its origin, with an indication in parenthesis of the date it was consulted between brackets.

Note: it is essential and the sole responsibility of the author the verification of the URL cited in his/her work. To avoid expiration, it is highly recommended to the author to cite sites of general and regular consultation.  

(1.4.1.) Norm for the first quotation

MAIN RESPONSIBILITY (in general SURNAME(S), Name(s); if there are more than three authors, only the first SURNAME should be written, Name, followed by et al. or et alii, meaning others). Year of edition in parenthesis. Title of the monograph: subtitle. Mention to the secondary responsibility (translator; prologue author; coordinator; editor, etc.). Edition. Available in: location in the Internet [date of visit if the location is not permanent] page quoted in its case.

Example:

LÓPEZ MILLA, Julián (1999). Liberalization of the Spanish power sector. A reflection under the light of an experience in England and Wales. Thesis to obtain a doctor’s degree at Universidad de Alicante. 486 pp. Available at:  http://descargas.cervantesvirtual.com/servlet/SirveObras/12826954229067170754624/002487.pdf [Date visited April 17, 2007] p. 130.

(1.4.2.) Following quotations

Example:

LÓPEZ (1999) 135.

(1.5.) ARTICLES IN ELECTRONIC SERIALIZED PUBLICATIONS

(1.5.1.) Norm of the first quotation

MAIN RESPONSIBILITY (in general SURNAME(S), Name). Year of edition in parenthesis. “Title of the article”. Secondary responsibility. Title of the serialized publication or its standarized abbreviation. Location in the source document: volume, number. Situation within the publication and pages. Available in: location in the Internet [date visited if the publication is not permanent] page quoted.
Examples:

CARNEVALI, Raúl (2006). “Criteria of the penalty for the intent in the crime of theft in self-services. Political-criminal considerations related to the small patrimony criminality”. Criminal Policy Nº 1. A2, pp. 1-17. Available in: http://www.politicacriminal.cl/n_01/pdf_01/a_2.pdf  [date visited May 14, 2007], p. 12.

POSNER, Richard (1998). “Utilitarianism, Economy and Law Theory”. Translation by Public Studies. Public Studies. 69 summer, pp. 207-257. Available in www.cepchile.cl, online [date visited February 5, 2007], p. 215. 

(1.5.2.) Following quotations

Examples:

CARNEVALI (2006) 15.

POSNER (1998) 215-216.

2) REFERENCES TO JURISPRUDENTIAL SOURCES

It is strongly suggested to include at the end of the article a list of all the jurisprudential references quoted or referred to in the work, under the title of QUOTED JURISPRUDENCE or other similar. Relative to the title of the publication, it must include the name in cursive, complete or abbreviated (e.g.: LJJ or L. for Law and Jurisprudence Journal; LG or L. for Legal Gazette; and JM or J. for Judgments of the Month; U.J. for Updated Jurisprudence) together with the indications of the volume, year, sections and page; or the indication of the electronic means where it is located, stating the date between brackets [ ], in each case. If a judgment has not been ruled, there must be an indication to the role of the process and the court.

(2.1.) JURISPRUDENCE IN PRINT FORMAT

(2.1.1.) Norm for the first quotation

MAIN RESPONSIBILITY (Court). Edition (date, role number of the cause and parties if the information is available between quotation marks). Title of the publication. Location in the source document: volume, number, page or pages.

Examples:

SUPREME COURT. March 5, 2003. Role Nº 1160-2003. “Claussen Calvo, Carlos vs [General Agency of Waters]”. Judgments of the Month, Nº 513, August, pp. 1915-1920.

SUPREME COURT. April 25, 2006. Role Nº 5826-2005. “Belmar Núñez, Herminda vs Health Service of Talcahuano and other”. Updated Jurisprudence, Year I Nº 9 (week from May 29 to June 4, 2006), pp. 97-99. 

(2.1.2.) Following quotation

It is recommended that the following quotations contain only the MAIN RESPONSIBILITY, the role of the cause and the page or pages quoted.

Examples:

SC. Rol Nº 1160-2003, p. 1919.

SC. Rol Nº 5826-2006, p. 98.

(2.2.) JURISPRUDENCE IN ELECTRONIC FORMAT

(2.2.1.) Norm for the first quotation

MAIN RESPONSIBILITY (Court). Edition (date, role number of the cause and parties if the information is available in brackets). Location of the source document: volume, number. The Internet location should be indicated followed by the date between brackets [ ] page or pages.

Examples:

CONSTITUTIONAL COURT. September 5, 2006. Role Nº 499-2006. “Injunction of inapplicability by Compañía Sudamericana de Vapores S.A. related to article 116 of the Tax Code”. Available in http://www.tribunalconstitucional.cl/sentencias/detalle.php?sentencia_id=291 [date visited May 15, 2007] p. 25.

(2.2.2.) Following quotations

It is recommended that the following quotations contain only a mention to the MAIN RESPONSIBILITY, the role of the case and the page or pages quoted.

Examples:

CC. Role Nº 499-2006, p. 25.

Sending of manuscripts

ACADEMIC MAIL. Academic works shall be sent in electronic format: Microsoft word (.doc   o   .docx) as an attachment to the following e-mail: revistaderecho@ucn.cl.

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