Consequencionalism theory: “¿who generates the precedent?” Safety and security. Task of legal operators
Judicial precedents are a source of law creation, therefore, it is necessary their disclosure and knowledge. Both on the part of the legal operator, when presenting the case, to cite it, when it is favorable to the rights he defends; and on the part of the Magistrate to resolve it and apply it to th...
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| Format: | Online |
| Langue: | espagnol |
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Aequus Editorial
2021
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| Accès en ligne: | https://revistas.ues.edu.sv/index.php/revder/article/view/1908 |
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| Résumé: | Judicial precedents are a source of law creation, therefore, it is necessary their disclosure and knowledge. Both on the part of the legal operator, when presenting the case, to cite it, when it is favorable to the rights he defends; and on the part of the Magistrate to resolve it and apply it to the sentence he issues. However, this application of the precedent is made from a retrospective view of the institute, however, if it is applied with a prospective view, oriented to create new paths, without underestimating the existing ones or those already traveled, the future precedent will then depend more on what is done today, than what was done in the past. For this, it must be known who ultimately generates the precedents or how to change them. Because today’s case may become tomorrow’s precedent. Is it only the Judges who create precedents? Or, Are there other legal operators, particularly lawyers, also involved in their creation? The latter are the legal professionals who set the judicial machine in motion when they file their lawsuit; therefore, they are not reduced to mere spectators, but to litigants who activate the justice administration system. |
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