El precedente: Un concepto

Abstract

In this paper, I propose a concept of "precedent", from the perspective of an analytical theory of law. The hypothesis is: The "precedent" is a creation of the interpretation that a juridical operator does from the reading of a "sentence". I begin with the assumption that (i) the "sentence" is the text that the "judge" produces, (ii) the interpretation that a juridical operator does of one or several "sentences" it is the "jurisprudence" and (iii) the "jurisprudence" is comprised for: The "precedent", the "jurisprudential concepts" and the "norm". I make a distinction between ratio decidendi and obiter dictum to demonstrate that the "precedent" depends on the interpretation that a juridical operator does.