Law As The Expression Of Politics And The Result Of Its Own Dynamics

LLambías-Wolff, J.

Abstract:

Law is the expression of politics. In its multivalent character, law is the result of its own dynamics and the outcome of negotiations mediated by unequal actors in a political scenario of power relations. The impersonality, neutrality and uniformity of the law is only a representation, because the creative process of the law, its dynamics, contains both authoritarian and liberating elements.

The law disguises its internal contradictions and develops a fetishist identity, taking on a life of its own. The negotiations and mediations in the creation of law are not independent from the relationship between the different interests at play in each historical and political context. In law creation the legal system makes the individual both appear and disappear. It appears in the content of the law, but disappears in its formality, when jus becomes lex. Law is both an expression of politics and the result of its own dynamics.

Keywords: Law, political economy, law creation, negotiations, legal system, law dynamics

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  • LLambías-Wolff, J., (2014).Law As The Expression Of Politics And The Result Of Its Own Dynamics. International Journal of Social Sciences, III(5), pp.79- 98.

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