UBACyT research projects
Starting date of the project
July 1, 2011
Ending date of the project
June 30, 2014
Code
20020100100727
Type of project
Consolidated group
Title
Analysis of legal criteria: towards a formalized labour procedure.
Director
Ricardo Alberto Guibourg
Codirector
Mario Eduardo Ackerman
Contact
| MEMEBERS | ||
|---|---|---|
| N° | Name | Category |
| 1 | María Giselle Blanchard | Research thesis student |
| 2 | Germán Pablo Mancuso | Investigator in training |
| 3 | Cecilia M. Murray | Investigator in training |
| 4 | Liliana Rodríguez Fernández | Investigator in training |
| 5 | Sebastián Alejandro Caffini | Technical support |
| 6 | Mariano Candal | Research thesis student |
| 7 | Elsa Porta | Technical support |
| 8 | María Cristina Solvés | Technical support |
Keywords
Procedure
Formalization
Criteria
Abstract
The irruption of legal informatics means to the need of adapting legal reasoning (and the method in which it is based) to the possibilities and requisites of the new tool. Its challenge to the legal expert is not strictly technological, but shows a legal-technical nature: it aims to identifying and, if possible, to formalizing decision-making criteria included within the law or added by precedents or by legal opinions. This project, that has a precedent on a similar one regarding the Labour Law (D2005), another about Criminal Law (D020), and a third one on Civil Law (D011), now addresses to a pressing issue in Legal Procedure: it proposes to examine the conditions required by a process of a certain type (the research will aim to labour processes as an example) in which claims and defences are expressed within predetermined forms. This idea has some costos indeed, which it will be necessarily minimized; but its possible advantages are considerable, because it opens a way to computerization of legal procedure in a much deeper way than te one allowed by documental informatics and management informatics. The fact the research being related to decision-making informatics requires, even before any effective use of computers, to discover, identify an formulate criteria which, prepared to be applied in solving the case, contribute to determine the data to be submitted by the parties and the way those data are to be invoked first, then proved. This is a serious challenge, because the whole traditional conception of the procedure tends to kept those criteria open and even to assign to this attitude a sacred value. The proposed experiment seeks to drill the mail epistemological line in legal knowledge, which is pre-scientific and to some extent irrational; but its outcome – methodologically applicable to other subjects and branches of law – could open a way to a new conception of legal activity and to a practical solution to many difficulties of the judiciary.