{"title":"阿根廷科尔多瓦四场环境冲突司法化的话语分析","authors":"Erika Saccucci, M. P. Castro","doi":"10.24215/18522971E074","DOIUrl":null,"url":null,"abstract":"The deepening of conflicts related to agribusiness has involved new fields and ways of struggle for social and environmental groups, as well as transformations in the environmental law. In our neoliberal societies, this can be understood as a process of judicialization of the struggles, which means there is a revaluation of the judiciary power as arbitrating conflicts over the protagonism of companies that elevates social conflict in the exercise of their activities. In this article we approach four social and environmental conflicts in the province of Cordoba (Argentina) with focus on what we conceive as judicial practices. Through discourse analysis of various legal devices presented by the members of these struggling groups, we study two aspects: an environmental matter related to the precautionary principle; and a formal matter related to the use of three procedural arguments: environmental impact studies, public audiences and land use dispositions. Our first conclusions suggest that struggle groups invoke a strategic use of law beyond environmental crime, which is closer to the legitimatory effect of scientific evidence and to formal, administrative or other non-environmental regulations aspects, whose failure to comply is more clearly and forcefully presented to the forms of ideological enunciation and appropriation of the legal authorities.","PeriodicalId":40988,"journal":{"name":"Derecho y Ciencias Sociales","volume":null,"pages":null},"PeriodicalIF":0.3000,"publicationDate":"2020-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Análisis de discurso de la judicialización de cuatro conflictos ambientales en Córdoba, Argentina\",\"authors\":\"Erika Saccucci, M. P. Castro\",\"doi\":\"10.24215/18522971E074\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The deepening of conflicts related to agribusiness has involved new fields and ways of struggle for social and environmental groups, as well as transformations in the environmental law. In our neoliberal societies, this can be understood as a process of judicialization of the struggles, which means there is a revaluation of the judiciary power as arbitrating conflicts over the protagonism of companies that elevates social conflict in the exercise of their activities. In this article we approach four social and environmental conflicts in the province of Cordoba (Argentina) with focus on what we conceive as judicial practices. Through discourse analysis of various legal devices presented by the members of these struggling groups, we study two aspects: an environmental matter related to the precautionary principle; and a formal matter related to the use of three procedural arguments: environmental impact studies, public audiences and land use dispositions. Our first conclusions suggest that struggle groups invoke a strategic use of law beyond environmental crime, which is closer to the legitimatory effect of scientific evidence and to formal, administrative or other non-environmental regulations aspects, whose failure to comply is more clearly and forcefully presented to the forms of ideological enunciation and appropriation of the legal authorities.\",\"PeriodicalId\":40988,\"journal\":{\"name\":\"Derecho y Ciencias Sociales\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2020-10-05\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Derecho y Ciencias Sociales\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.24215/18522971E074\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Derecho y Ciencias Sociales","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24215/18522971E074","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Análisis de discurso de la judicialización de cuatro conflictos ambientales en Córdoba, Argentina
The deepening of conflicts related to agribusiness has involved new fields and ways of struggle for social and environmental groups, as well as transformations in the environmental law. In our neoliberal societies, this can be understood as a process of judicialization of the struggles, which means there is a revaluation of the judiciary power as arbitrating conflicts over the protagonism of companies that elevates social conflict in the exercise of their activities. In this article we approach four social and environmental conflicts in the province of Cordoba (Argentina) with focus on what we conceive as judicial practices. Through discourse analysis of various legal devices presented by the members of these struggling groups, we study two aspects: an environmental matter related to the precautionary principle; and a formal matter related to the use of three procedural arguments: environmental impact studies, public audiences and land use dispositions. Our first conclusions suggest that struggle groups invoke a strategic use of law beyond environmental crime, which is closer to the legitimatory effect of scientific evidence and to formal, administrative or other non-environmental regulations aspects, whose failure to comply is more clearly and forcefully presented to the forms of ideological enunciation and appropriation of the legal authorities.