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¿DECIDEN LOS JUECES POR RAZONES POLÍTICAS?

Authors :
NÚÑEZ VAQUERO, ÁLVARO
Source :
Revista Juridicas. jul-dic2012, Vol. 9 Issue 2, p13-31. 19p.
Publication Year :
2012

Abstract

Contrary to the assertions of a certain type of legal realism, this paper seeks to demonstrate that - at least in some of the cases in which the law is indetermined - the legal and not the political reasons, are the best to explain judicial decisions. In order to do so, first, the thesis of the indeterminacy of law is examined, distinguishing between its various aspects, and differentiating it from the disagreements. Then, the sense the legal reasons explain the cases in which the law is determined is explained. Subsequently, it is argued that, at least sometimes, legal reasons are the best to explain the judicial decisions when law is indeterminate. Finally, interdisciplinary nature to explain, and forecast, judicial decisions is advocated. [ABSTRACT FROM AUTHOR]

Details

Language :
Spanish
ISSN :
17942918
Volume :
9
Issue :
2
Database :
Academic Search Index
Journal :
Revista Juridicas
Publication Type :
Academic Journal
Accession number :
110231845