Revista Crítica de Ciências Sociais (Dec 2009)
O Modelo de Janus da regulação jurídica. O carácter revelador das transformações do estatuto político da justiça
Abstract
On the basis of research within the social sciences favouring the political dimension of law and justice, the author examines in turn three positions concerning justice: justice as inscribed within a process of rationalisation, as part of a movement towards democratization, and as an element in the process of neo-liberalisation. From an examination of these three types of legal regulation systems, it is possible to isolate two contrasting forms for the status of the legal and the judicial in relation to politics. In the first of these, the legal-judicial sphere emerges as a central element in political regulation, whilst in the second it serves as the tool of politics. In conclusion, the hypothesis is proposed that the existence of this Janus model for legal and judicial regulation bears witness to a crisis in politics.
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