Derecho y Políticas Públicas Ambientales Hacia un enfoque ambiental y discursivo de lo jurídico

Abstract

This article problematizes the relationship between law and public policy. After applying for “the environmental” as a condition of possibility for the questioning of canonical approaches, it proposes a discoursive approach to law. Our main thesis is that the notion of discourse, as an ontological horizon, enables placing the legal as an aspect only analytically distinguishable from other social areas and, therefore, unable to establish their own unique operating rules, as well as to remain isolated from the contexts in which it operates. As a result, the study of environmental policies can focus nor just on its synchronic dimensions but also on its diachronic, properly political ones.