Modelos de juez desde la epistemología del Derecho. Análisis de los fundamentos jurídicos de la selección y formación inicial de los jueces

Abstract

This thesis studies, from an interdisciplinary and scientific perspective the legal foundations of the current processes of selection of judges in Spain. Analyzes, initially, the historical evolution of those processes and published doctrine in Spain about them, which shows a lack of solid research on this matter. The legal study of the selective processes of the Judicial Career is developed through the configuration of different models of judge (legalist, formalist, creator, integrator, activist), made from different legal theories that postulate different conceptions of the Law. Such models, conceived as ideal type concepts, constitute an epistemological model of reference that is used as a tool for analysis of different recent judgments, which are examined in order to reflect on the extent to which current selection processes both the current selective processes respond to the fundamentals and peculiarities of the current Law.