The Henri Lefebvre’s philosophical postulates on the properties of ideological phenomena: Towards a critical theory on the role of ideology in the formulation of judicial decisions

Abstract

This research formulates an analytical-diachronic vision of the evolution of the intellectual treatment that the ideological phenomenon has received by philosophy, from which it is evident that legal theories about the interaction between ideology and law have been built on the application of macro-philosophical systems to concrete legal problems, because of which these proposals are insufficient or are directly contradictory to the study of law as an autonomous object. The intellectual obstacles can be overcome based on Henri Lefebvre’s philosophical postulates, which make it possible to articulate a novel critical material theory applicable to the study of the state and legal institutions, which in turn makes it possible to develop mechanisms for identifying the incorporation of ideological burdens in judicial sentences.

JEL CODE: E5, E6.