Abstract

BARRETO, Ricardo de Macedo Menna. Ideology and prejudice in judicial discourse: a case study from a linguistic critique of law. Bol. Mex. Der. Comp. [online]. 2020, vol.53, n.159, pp.1053-1086.  Epub Jan 21, 2022. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2020.159.15799.

This article aims to propose a renewal of the critique of law based on the critical studies of discourse by the dutch linguist Teun A. van Dijk. The meeting of these two critical perspectives may allow the opening of a new theoretical-methodological space, which we call the “linguistic critique of law”. Therefore, the critique of law and the relations between law and language are reviewed, also presenting the general characteristics of critical discourse studies. It starts from the following general problem, in this article evidenced in a case study: how to avoid the spread of judicial ideologies that maintain relationships of social domination? It is hypothesized that critical discourse studies can help contemporary critique of law in the study and denunciation of cases in which the ideological dimension prevails over judicial rationality. Regarding the methodology, an interdisciplinary exploratory study is carried out, combining epistemological-legal, methodological-linguistic and empirical-social aspects, based on a bibliographic review and a case study.

Keywords : critique of law; law and language; critical discourse studies; ideology; judicial decision.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )