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Sumary
This article sets forth a selection of categories useful for conceptualizing judicial decision-making in the context of the increasing internationalization of justice and new democratic frameworks. On the one hand, this study uses the heuristic significance of the formalism concept (Weber) to assess the dynamics between the State and the Law, with particular emphasis on legal rationality and judicial decisions on Human Rights cases. On the other hand, it analyzes how realism in its contemporary sense, as defined in the Critical Legal Studies (Kennedy), articulates the legal dimension of politics at methodological and conceptual levels in order to understand changes, recent ruptures and questions of legitimacy concerning international law. This project seeks to identify a complementarity between formalism and CLS as a means to evaluate the role of the Judge in concrete decision-making. |
