AUTORIDAD Y RESPONSABILIDAD EN LA APLICACIÓN DEL DERECHO

The object of this paper is the study of the normative relations that, within the adjudicative process, mediate between rule, judge, and decision. For this, I engage in a critical analysis of the way in which they are understood through the endorsement of conventional or realist semantics, arguing that in both cases—although in different ways—they are given a unilateral structure that prevents them from being truly normative. As an alternative, and drawing on Robert Brandom’s inferential semantics, I propose to understand these relations in terms of reciprocally attributed and acknowledged normative statuses of authority and responsibility by the participants of the discursive practice.