The linguistic-ontological turn has brought uncountable consequences to the interpretation of Law. However, dogmatic-legal knowledge remains hostage to a judicial protagonism, a philosophy of consciousness that, together with legal discretion, represent two sides of the same coin. The criticism of judicial discretion is a matter of democracy: decisions must be coherent, assuring the integrity of Law by reinforcing the normative power of the Constitution from which arises the need for correct answers in Law.
10 Nev. L. J. 683 (2010)
Streck, Lenio Luiz
"Deconstructing the Models of Judges: Legal Hermeneutics and Beyond the Subject-Object Paradigm,"
Nevada Law Journal:
3, Article 7.
Available at: http://scholars.law.unlv.edu/nlj/vol10/iss3/7