The duty to resolve in court from a realistic and empathetic perspective

Abstract

This work is part of a realistic conception of law according to which it is subjected to social resistance, the product of the fight for injustices, and, in particular, of Scandinavian legal realism that considers that empirical and emotional factors influence during resolutions in court, as opposed to a legal tradition in which law is conceived as a closed system of norms that configures a logical, grammatical and rhetorical representation of society. This article analyzes the duty to resolve matters submitted to justice, established by Article 3 of the Civil and Commercial Code of Argentina, hereinafter CCCN, with the purpose of exploring my hypothesis that the jurisdictional function should not neglect the suffering of the human beings
who litigate to guarantee their rights and that an absence of empathy, in this sense, would affect the reasonableness of the legal decisions.