Resumo

RUIZ RESA, Josefa Dolores. On the authority of precedent in spain: materials for an interdisciplinary approach. Bol. Mex. Der. Comp. [online]. 2023, vol.56, n.168, pp.211-246.  Epub 29-Nov-2024. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2023.168.18878.

This paper analyses and justifies an interdisciplinary approach to the authority of judicial precedent in Spain, based on the premise of its multifaceted nature. The interdisciplinary approach guarantees its integral and systemic understanding, which must also account for the situated and embodied nature of judicial knowledge. It is achieved by the articulation of legal studies, provided mainly from theoretical-methodological lines that we have called dogmatic-legal, legal-analytical, historical-legal and genealogical and socio-legal. The work, which implies an epistemological reflection, is based on a documentary research of studies on the legal treatment of the binding value of judicial precedents in Spain and on the organisational and socio-cultural contexts in which they are produced.

Palavras-chave : interdisciplinarity; judicial precedent; spanish law; separation of powers; sources of law; judicial doctrine.

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