Understanding the law as rational discourse, not only makes relative to
the constriction of the judge against procedural rules designed for the purpose
of drawing decision procedures: understood as such discourse also involves and
essentially recognize the historic nature of these rules: the social dimension
of construction within communities. This way if the right and rational
discourse sees in the rules of technical standards that ensure the rationality
of decisions, this definition becomes insufficient to account for the nature of
law.
In its meaning as collective action drawn or developed over time,
including both the historical character of legal experience and the collective
nature of the process by which the rules are in action guides for the judge
institutionalized.
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