WASSOUF, Dennis. Finding Unfindable: Towards Theory of Juridico–Archival Ideology. In Final Conference – Judges Under Stress. 2022.
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Basic information
Original name Finding Unfindable: Towards Theory of Juridico–Archival Ideology
Name in Czech Hledání nenalezitelného: K teorii soudcovsko-archivářské ideologie
Authors WASSOUF, Dennis.
Edition Final Conference – Judges Under Stress, 2022.
Other information
Original language English
Type of outcome Presentations at conferences
Field of Study 50501 Law
Country of publisher Norway
Confidentiality degree is not subject to a state or trade secret
WWW URL
Organization unit Faculty of Law
Keywords (in Czech) archiv; citace; ideologie; judikatura; soudce; odkaz; paměť
Keywords in English Archive; Case law; Citation; Ideology; Memory; Reference
Tags International impact
Changed by Changed by: Mgr. Dennis Wassouf, učo 458644. Changed: 22/6/2023 09:50.
Abstract
Juridical mechanism functions through archives. Through citations, references and links to the past, judges authoritatively construct reality. To engage in such a construction project, it is essential for judges to recall what has been forgotten or set aside. Laws, statutes, precedents, and doctrinal commentaries need to be opened in the archives and revisited. What is to be found in the archives are traces of legal origins that legitimize all further decision-making. Archives speak the language of tradition, of solid foundations and consistency, and judges easily succumb to this language, which becomes modus operandi of judicial ideology. This kind of juridico–archival ideology obscures the emptiness of the archive, masking its non-meaning and contingency as an objective necessity. This essay aims to deconstruct the relationship of ideology, archive, judicial decision-making and memory. This will point out that the ideologically concealed emptiness of the archive – as a support for judicial decision-making – is also the cause for the emptiness of decision-making as such. It will show that this emptiness is not something negative or paralysing, but is instead what shapes the role of the judiciary.
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