THE IDEOLOGY OF THE JUDGE AND THE USE OF THE LAW AS A SOURCE OF LAW

Abstract

The purpose of this text is to account for the problems surrounding legal discourse, while legal operators and particularly the judge must resolve legal disputes, permeated by social conflicts, but its essential input is the sources of law and particularly the law , which makes it difficult for them to understand the different social phenomena that the Law as an order intends to intervene. Additionally, conceptual difficulties are sometimes incurred. Thus, from the Critical Theory approach, it is proposed that the judge’s assumption of objectivity is not such, because an ideological charge underlies it. The judge, in his decisions, imposes his evaluations and representations, his subjectivity: his ideology. This is demonstrated in the evidentiary field, where the judge chooses according to his criteria what evidence and facts correspond to his discourse of truth.