Relaciones entre la aplicación de los enunciados jurídicos y la motivación de las decisiones judiciales

Abstract

In the study of the judicial activity, the fundamental subject is not the motivation of the judicial decisions, as the current legal philosophy maintains, but the application of the legal sentences. And I think in addition that the standard conception of the motivation of the judicial decisions is erroneous precisely because of not to have considered this fact. On the other hand, I also consider mistaken the existing conceptions with respect to the application of the legal sentences (whether it is the theory of the judicial syllogism, or the logical conception). According to theses exposed in my book Las obligaciones básicas de los juices (2005), with respect to the application of the primary legal sentences, the correct conception is the syntactic conception; whereas with respect to the application of the secondary legal sentences the correct conception is the semantic conception.