Ambital and Extra-Ambital Justice in the Communicational Theory of Law from the Spanish Judicial Ethics Perspective
摘要
Robles’ Communicational Theory of Law, an innovation in the legal field since it constitutes a new conception of Law as a set of communication processes. Here we examine ambital and extra-ambital justice within its own ambit and beyond from the perspective of judicial ethics in Spain, based on the theses contained in the third volume of the CTL, which is devoted to the theory of legal decisions. In this contribution we try to show that Robles defends a holistic conception of justice, sustaining the idea that the transition from justice to ambital justice requires that one cross the bridge of the Rule of Law. Since the essential qualities of contemporary constitutional justice are concentrated in the Rule of Law, it is essential to analyze the principles of judicial ethics, that is, the principle of independence, impartiality, and integrity of the judge, with the language of jurists playing an essential role.