The Lawfare in Argentina: struggles for the hegemony of power in the legal field

Abstract

The present work will consider a social political phenomenon that impacts on the legal sciences, proposing a view from the social sciences. It is about the judicialization of politics and lawfare, trying to understand the existing relationship between political power and the legal field, starting from the use of the theoretical categories of Pierre Bourdieu (social space, social field, legal field, habitus, illusio, legal capital, symbolic effect, effect of ignorance). From this point of view, Argentine administrative law and its view of power relations will be addressed. An attempt will be made to outline an answer to the question: What is the relationship between the field of power and the juridical field in the current government in Argentina? For this I will develop a structuralist hypothesis – relation beetween the fields of power and juridical-, together with a constructivist explanation -lack of the proper habitus of the juridical field from the main officials of the Executive Power-.