Decisive Encounter: the practice of law and creativity in contingency
DOI:
https://doi.org/10.5380/rfdufpr.v69i3.92562Keywords:
Deleuze, Judicial decision-making, Creativity, EncounterAbstract
This article aims to explore an alternative approach to understanding judicial decision-making, simultaneously considering the contingent construction of cases by legal practitioners and the creativity underlying the operationalization of formal legal sources. It rejects the notion that case evaluation derives exclusively from legal actors or is entirely predetermined and, therefore, entirely detached from their contributions. From the perspective presented in this research, the concept of encounter offers a different trajectory to resolve this impasse by establishing case construction as relational and contextually situated: legal actors construct the case, but not in a strictly voluntary manner. The study concludes that conceptualizing judicial decision-making in terms of an encounter foregrounds certain aspects of legal practice often overlooked in theoretical discussions on the subject, such as the sensitivity and perception of legal actors. The research methodology adopted was a literature review.
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