Abstract

POLOTTO, María Rosario. La argentinidad de la constitución: Nuevos enfoques para el estudio de nuestra carta magna a principios del siglo XX (1901-1930). Rev. hist. derecho [online]. 2009, n.37. ISSN 1853-1784.

At the end of the 19th century and the beginning of the 20th, the scientific Argentinean panorama receives the influence of new orientations and perspectives that were brought by the "Social Science" or Sociology, together with a "National point of view", which was seeking the search, through them, of an "Argentinean soul" and was the eco of a Nationalist affirmation that was influencing both the political and intellectual life of Argentina since 1880. In the sphere of the Law, the sociological influence brought a crisis in the exegetic method by putting into evidence "the huge abysm between the socio-juridical phenomena and the Law as a science". That is why most of our jurists insisted on tracking what "might be of our own in our Constitution or our laws". From this perspective, the object of this investigation is to analyse those speeches which, in the sphere of the Constitutional Law, were built up considering the identity of our National Constitution and moving away from those speeches that considered it as a copy of the American Constitution. They set out an interpretation of its rules, basing this interpretation, mainly, in the national facts and precedents.

Keywords : Constitution; Social science; Legal discourse.

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