"Justice Doesn't Always Make Justice": On the Moral Influence on Argentina's Judicial Decision
DOI:
https://doi.org/10.52428/12345678.v1i1.1085Keywords:
justicia, decisión judicialAbstract
In this work It is intended to analyze two jurisprudential cases that have aroused some controversy in our country, “Muiña” and “Batalla”, taking as a starting point the vision of the judicial task of the author Duncan KENNEDY to explain how morally and ideologically influenced judicial decisions are. In the first place, these two cases will be contextualized and then will be explained what happened in each one and what the Court decided in both, without first providing a general overview of the theory of the three judges of the protagonist of the Critical Legal Studies. Finally, a theoretical framework of the judges who were part of our Supreme Court in the decisions mentioned in the classification proposed by that author will be carried out, ending this work whit a hypothesis about how ideology, morality and the prevailing public consensus have a critic role in the engineering room of judicial sentences.
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