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OAPEN Library
Book . 2025
License: CC BY NC ND
Data sources: OAPEN Library
https://doi.org/10.1353/book.1...
Book . 2025 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.12946/gplh2...
Book . 2025 . Peer-reviewed
Data sources: Crossref
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Constitución y Arbitrariedad

Conceptos e imaginarios del constitucionalismo argentino
Authors: Casagrande, Augustín E.;

Constitución y Arbitrariedad

Abstract

The discourse of constitutionalism emerged out of the entanglement of three strands: legal theory, political philosophy, and historical narratives. Its structure revolves around the tension between the counter-concepts (Gegenbegriffe) of arbitrariness (to be denounced) and constitution (to be legitimized). This book presents a threefold genealogical analysis to access the logic of Argentine constitutionalism. First, a conceptual history (Begriffsgeschichte) exposes the distance between recent narratives of the development of Argentine constitutionalism as constructed by political historians, on the one hand, and constitutional scientists, on the other. The second genealogy explores the theoretical rupture between modern law and the traditional knowledge of ius commune in the shift from arbitrium iuris to “legicentric” logic – that is, the preeminence of written law enacted by the state. The narrowing of the concept of arbitrium to arbitrariness was central to the formation of constitutional law’s conception of the political order. Finally, this rupture went hand-in-hand with the establishment of new political imaginaries, including autocratic caudillos, suggestible masas, anarchic tendencies of a people, etc. During the 19th century, these fueled the sense among the elites that a new order was needed; but they also still remain part of current narratives. Revealing these emotional imaginaries that guided, and continue to guide, constitutional practice enables a dialogue between the history of law as written by historians and as written by constitutionalists, with the purpose of understanding the recurrent crises that still afflict Argentine constitutionalism in the 21st century.

Keywords

Conceptual history, Arbitrium iuris, Argentina, thema EDItEUR::L Law::LA Jurisprudence and general issues, thema EDItEUR::L Law::LA Jurisprudence and general issues::LAF Systems of law, Argentine constitutionalism, GPLH, thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
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