Precedent in Argentine law
Introduction: This paper has four main traits. First, it is explanatory, in that it aims to introduce the reader to judge-made law in Argentina. Insofar as the reader is more or less uninformed of that part of the world-my part of the world-this explanation might escort him into a new world inde...
Guardado en:
Autor principal: | |
---|---|
Formato: | Artículo |
Lenguaje: | Inglés |
Publicado: |
Loyola University New Orleans College of Law
2020
|
Materias: | |
Acceso en línea: | https://repositorio.uca.edu.ar/handle/123456789/10418 |
Aporte de: |
id |
I33-R139123456789-10418 |
---|---|
record_format |
dspace |
institution |
Universidad Católica Argentina |
institution_str |
I-33 |
repository_str |
R-139 |
collection |
Repositorio Institucional de la Universidad Católica Argentina (UCA) |
language |
Inglés |
topic |
PRECEDENTE JUECES STARE DECICIS |
spellingShingle |
PRECEDENTE JUECES STARE DECICIS Legarre, Santiago Precedent in Argentine law |
topic_facet |
PRECEDENTE JUECES STARE DECICIS |
description |
Introduction: This paper has four main traits. First, it is explanatory, in
that it aims to introduce the reader to judge-made law in
Argentina. Insofar as the reader is more or less uninformed of
that part of the world-my part of the world-this explanation
might escort him into a new world indeed.
Second, this paper is also descriptive in that critical analysis
is generally avoided. Of course, at least in the social sciences, it
is not possible to describe without to some extent criticizing.' So
while portraying the Argentine status quo and while addressing
topical questions-such as, "Is there precedent in Argentina,
really?"-I will simultaneously, albeit sometimes surreptitiously,
address other questions, such as whether the Argentine legal
system, as it currently stands, make sense without stare decisis.
Third, it follows from these first two traits that this paper is
introductory in nature. I will therefore hold to a Latin motto that
I have found extremely useful for these occasions: Non multa sed
multum, a Medieval saying that captures the essence of the
distinction between the English words "many" and "much." I will
focus on a very limited number of interesting and important
questions ("much") rather than surf on the surface (the rhyme
between these words is telling) of myriad topics ("many"). Last,
this paper is short and, therefore, limited in its scope. Not only
do I have space constraints, but brevity is also quite a natural consequence of the first three traits that I have identified.2
The theme of the Third International Congress of the World
Society of Mixed Jurisdiction, where this paper was originally
presented, was "Methodology and Innovation in Mixed Legal
Systems." Playing with familiar words for all of us at the
Congress, I shall say that even if there does not seem to be much
innovation in my methodology, this paper may nevertheless
produce fruitful results. For a person who simply ignores, or
ignores by and large, what is going on in Argentina with regard to
this topic, this paper may hopefully entail some innovation. And,
if the methodology is sound, that reader will also be able to
understand the extent to which the Argentine Republic, although
traditionally considered a civil law domain, has relevant elements
in common with a mixed jurisdiction. |
format |
Artículo |
author |
Legarre, Santiago |
author_facet |
Legarre, Santiago |
author_sort |
Legarre, Santiago |
title |
Precedent in Argentine law |
title_short |
Precedent in Argentine law |
title_full |
Precedent in Argentine law |
title_fullStr |
Precedent in Argentine law |
title_full_unstemmed |
Precedent in Argentine law |
title_sort |
precedent in argentine law |
publisher |
Loyola University New Orleans College of Law |
publishDate |
2020 |
url |
https://repositorio.uca.edu.ar/handle/123456789/10418 |
work_keys_str_mv |
AT legarresantiago precedentinargentinelaw |
bdutipo_str |
Repositorios |
_version_ |
1764820524432621568 |