Autor/es
Descripción
ver mas
Colaborador
Donatello, Luis Miguel
Lorenc Valcarce, Federico Mario
Spatial Coverage
Idioma
spa
Extent
407 p.
Derechos
info:eu-repo/semantics/openAccess
Atribución-NoComercial-SinDerivadas 2.0 Genérica (CC BY-NC-ND 2.0)
Formato
application/pdf
Identificador
Cobertura
ARG
Abstract
The objective of this PhD thesis is to make a theoretical and empirical contribution to the understanding of the political practices of the judges that belongs to the national judicial branch. Specifically, those that are associated, or linked, to the judge’s appointments, employees and clerks nominations in the courts and in the judicial council.
Judges doing politics as a group, the interests they defend, how they do it and how they occupy the institutional spaces to achieve their objectives, are relevant to this research work. In addition to the mentioned processes of interaction and dispute, I will also take as an object of study a specific set of jurisdictional decisions in order to carry out this task.
The judges doing politics as a group is the starting point of the conceptual and empirical scaffolding in which this research is built. In theoretical terms, the assumption enables critical approaches to the already classic positions on the subject, such as, for example, the Anglo-Saxon theory known as judicial behavior. In this approach, while the relationship between magistrates and politics is taken into account, it considers the judges as isolated individuals and to politics as an outsider.
In addition, and also in theoretical terms, I’m going to develop a critical reading of more general conceptual models such as the theory of fields of Pierre Bourdieu, and the theory of the cities founded by Luc Polanski and Laurent Thévenot. To accomplish that goal, I will take into account the Argentine hybrid model, which implies in organizational terms the coexistence of codified continental law, with the judicial review so proper of the North American legal model; and the mechanism for appointing magistrates which also blends the European judiciary councils, with the intervention of the executive and the senate, so characteristic of the USA republican system.
On the other hand, I will take the analysis of the practices of judges as a group to an empirical level. This aspect of my research is going to make possible to raise a debate about the category of judicial family, especially in the approach in which different research jobs used it to investigate directly, or indirectly, the relationshipbetween judges and politicians in the Argentinian case. In order to achieve this, it is necessary to take as heuristic object the organizations in which the judicial family expresses itself, such as the Association of Magistrates and Officials of the National Justice and the Association of Federal Judges.
To be able to address the theoretical and empirical proposals, I will advance in three levels that runs together. First, a historic approach that reconstructs the processes that collaborated with the emergence of the judicial family as a group with political interests. Also, how the definition this concept has been modified by the historical process.
Secondly, I will study the relationship between the judicial family and the ways in which individuals, in this case judges, interact with each other. I’m going to analyze the characteristics of the dynamics in which judges compete for the spaces of power in the judicial the council, as well in the courts on their charge.
Finally, I will develop a third level of analysis that is associated with the study of jurisdictional decisions, of all instances, that are linked to sectorial interests of judges as a group.
With regard to the methodological approach, both the approach and the instruments for the collection and analysis of the information necessary to study the three levels proposed in the previous paragraphs, will be work in a disaggregated manner.
But the axis that connects the three dimensions is not strictly methodological in an instrumental sense. The research questions that are presented throughout the thesis around the relationship between judges and politics has an answer in the measure that the techniques used find a concept that allows them to cut and construct the research object. In this thesis it’s the notion of inner social environment proposed by Durkheim that fulfills this function, reason why it occupies a central place in this thesis.
Judges doing politics as a group, the interests they defend, how they do it and how they occupy the institutional spaces to achieve their objectives, are relevant to this research work. In addition to the mentioned processes of interaction and dispute, I will also take as an object of study a specific set of jurisdictional decisions in order to carry out this task.
The judges doing politics as a group is the starting point of the conceptual and empirical scaffolding in which this research is built. In theoretical terms, the assumption enables critical approaches to the already classic positions on the subject, such as, for example, the Anglo-Saxon theory known as judicial behavior. In this approach, while the relationship between magistrates and politics is taken into account, it considers the judges as isolated individuals and to politics as an outsider.
In addition, and also in theoretical terms, I’m going to develop a critical reading of more general conceptual models such as the theory of fields of Pierre Bourdieu, and the theory of the cities founded by Luc Polanski and Laurent Thévenot. To accomplish that goal, I will take into account the Argentine hybrid model, which implies in organizational terms the coexistence of codified continental law, with the judicial review so proper of the North American legal model; and the mechanism for appointing magistrates which also blends the European judiciary councils, with the intervention of the executive and the senate, so characteristic of the USA republican system.
On the other hand, I will take the analysis of the practices of judges as a group to an empirical level. This aspect of my research is going to make possible to raise a debate about the category of judicial family, especially in the approach in which different research jobs used it to investigate directly, or indirectly, the relationshipbetween judges and politicians in the Argentinian case. In order to achieve this, it is necessary to take as heuristic object the organizations in which the judicial family expresses itself, such as the Association of Magistrates and Officials of the National Justice and the Association of Federal Judges.
To be able to address the theoretical and empirical proposals, I will advance in three levels that runs together. First, a historic approach that reconstructs the processes that collaborated with the emergence of the judicial family as a group with political interests. Also, how the definition this concept has been modified by the historical process.
Secondly, I will study the relationship between the judicial family and the ways in which individuals, in this case judges, interact with each other. I’m going to analyze the characteristics of the dynamics in which judges compete for the spaces of power in the judicial the council, as well in the courts on their charge.
Finally, I will develop a third level of analysis that is associated with the study of jurisdictional decisions, of all instances, that are linked to sectorial interests of judges as a group.
With regard to the methodological approach, both the approach and the instruments for the collection and analysis of the information necessary to study the three levels proposed in the previous paragraphs, will be work in a disaggregated manner.
But the axis that connects the three dimensions is not strictly methodological in an instrumental sense. The research questions that are presented throughout the thesis around the relationship between judges and politics has an answer in the measure that the techniques used find a concept that allows them to cut and construct the research object. In this thesis it’s the notion of inner social environment proposed by Durkheim that fulfills this function, reason why it occupies a central place in this thesis.
Título obtenido
Doctor de la Universidad de Buenos Aires en Ciencias Sociales
Institución otorgante
Universidad de Buenos Aires. Facultad de Ciencias Sociales