Abstract

BAUM, Erica. The duty to resolve under a realistic and empathetic perspective. Iuris Dictio [online]. 2020, n.25, pp.49-61. ISSN 2528-7834.  https://doi.org/10.18272/iu.v24i24.1454.

This work is part of a realistic conception of law according to which it is subjected to social resistance, the product of the fight for injustices, as opposed to a legal tradition for which law is conceived as a closed system of norms that they operate freely, like language, configuring a logical, grammatical and rhetorical representation of society. This article analyses the duty to resolve matters submitted to justice, established by Article 3 of the Civil and Commercial Code of Argentina, hereinafter CCCN, with the purpose of exploring my hypothesis that the jurisdictional function should not neglect the suffering of the human beings who litigate to guarantee their rights and that an absence of empathy, in this sense, would affect the reasonableness of the decisions.

Keywords : Empathy; Emotions; Judicial Decision; Reasonableness; Duty to Resolve; Legal Realism in Escandinavia.

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