Abstract

ZULUAGA VANEGAS, Santiago De Jesús. The Judicial Decision and the Act of Judging, A Reflection from Paul Ricoeur’s Philosophy. Opin. jurid. [online]. 2022, vol.21, n.44, pp.372-393.  Epub Mar 19, 2022. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v21n44a18.

This article has as its main objective to reflect on the judicial decision, specifically on the phenomenon of legitimacy in the act of judging and how from this we can place ourselves in a hermeneutic of the judicial text. The methodology used was based on an analytical theoretical method, which consists of a decomposition of a whole, individualizing each part or element of the study phenomenon. The main conclusion to which the text leads is that the legitimacy of the trial is not merely in an act of power, but is erected from the acceptance of the instrument that condenses the decision by the subjects who were immersed in the Litis, that is why the judge seeks to persuade the procedural subjects immersed in the conflict and thus legitimize their judgment or sentence. Now, the act of judging must also be seen as that phenomenon that serves as an instrument of understanding the yes and the other, and in this way can immerse us to a deeper level which lies in a hermeneutic of the judicial text.

Keywords : act of judging; judicial decision; procedural law; philosophical hermeneutics; legitimacy; Ricoeur.

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