Abstract

This essay constitutes a contribution to think about the agonistic nature of the judicial discursive field, where positions or points of resistance establish relations of force where they struggle to formalize a certain ambit of justice. We direct our reflection to understand the functioning of modern litis from recognizing it in traces that offer works of Greek tragedy. The dramatic account of court scenes of Greek pre-law and Athenian popular justice represent inputs for the necessary elaboration of a genealogy of a judicial controversy that transmutes violence into law. The objective of this reflection is to contribute to a critical, insipient view that does not address the practice of jurisdiction without displacing the limits that normativist positivism has imposed on the analysis of its strategic modality.

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