The power and the glory in the justice reform in Argentina

Abstract

In this paper is proposed a reflection about the justice reform process in Argentina from the conceptual framework elaborated by Giorgio Agamben in Il Regno e la Gloria (2007). As a preface, in first place, is spreaded the proposed challenge that consists of visualizing the criminal law and its liturgy from the glory archaeology thought by Agamben. In second place, is presented the ceremonial features of the state power and law in the criminal proceeding. In third place, are refered the diverse elements needed for thinking about the glory referring the procedural criminal law reform. In fourth place, is reconstructed an action done by law experts in order to promote the orality and trial by jury thought a “Jury by Trial Moot Case”. Finally, the conclusions shows the productivity of the Agamben´s perspective of the power genealogy to think about the justice reform. One of the principal sociological findings consists on the fact that the elite linked to the justice need the glory: to construct their own status; to design their own field; to constitute the foundations of their distinctions, privileges and labour; and to keep their legitimate position to promote the justice reform.