Jueces y Reglas

Jueces y Reglas

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The problem addressed in this book can be formulated by the following question: in what sense is it possible that judicial precedents develop an authoritative function and recognize, at the same time, the existence of reasons that authorize judges to depart from them and the power to expand or reduce the scope of its application ?. From this general questioning, in this book, the following specific issues are addressed: 1) the way in which the rules, and in this case the judicial precedents, define how to act, regardless of the individual's considerations regarding of the content of the required conduct; 2) the possibility that precedents be constitutive of rules and that, at the same time, individuals (in particular judges) be authorized to extend or reduce their scope of application, and even depart from the precedents in case of appearance of reasons capable of overcoming them; 3) the possibility of understanding judicial precedents autonomously or independently of evaluative considerations of the subjects in charge of applying them; and 4) the relationship between the claim of authority of precedents and the existence of legal sanctions as a mechanism for jurisprudential discipline, that is, as a mechanism for legal operators to follow judicial precedents.

Author: Pulido Ortiz Fabio Enrique

Edition: 1

Language: Spanish

ISBN: 9789581204533