Argumentación jurídica y trasfondo ideológico

Análisis del debate legislativo sobre prórroga de alquileres en argentina a principios del siglo xx

Abstract

This article pretends to deal with the parliamentary discussion of the laws 11.152 and 11.157 that intended to bring a legislative solution to the habitual problem that Argentina was going through at that moment. The hypothesis of our investigation is that, far from trying to find closed or rigid concepts in those debates, the reference to notions such as code, right, property, freedom to hire, foreign law, takes us to areas of discussion from which different opinions on the measures taken can be formed. We think that a privileged source from which it is possible to rescue the multiple meanings of our juridical institutions and their ideological backgrounds are the parliamentary debates.Therefore, parliaments are seen as an »assembly of the representatives of the main points of view which are found in society«, taking their »deliberations and decisions to the frame of the conflict and the controversy on those views« and creating law »on the basis of convictions and votes explicitly partisan«. In this context, the law is no longer an abstract and neutral entity, logical in its consequences, but a topic, a juridical argumentation of a certain ideological position, dealing with the factual circumstances of a certain society. A particular aspect of this analysis is Foreign Law as a topic. Our point of view stresses that rather than seek to simplify, we should try to understand the complexity of the circulation processes of juridical ideas and the adoption of European juridical models that were in the mind of the Argentinian elites during the first half of the 20th century.