Discourse Analysis of the judicialization of four environmental conflicts in Córdoba, Argentina

Abstract

The deepening of conflicts related to agribusiness has involved new fields and ways of struggle for social and environmental groups, as well as transformations in the environmental law. In our neoliberal societies, this can be understood as a process of judicialization of the struggles, which means there is a revaluation of the judiciary power as arbitrating conflicts over the protagonism of companies that elevates social conflict in the exercise of their activities. In this article we approach four social and environmental conflicts in the province of Córdoba (Argentina) with focus on what we conceive as judicial practices. Through discourse analysis of various legal devices presented by the members of these struggling groups, we study two aspects: an environmental matter related to the precautionary principle; and a formal matter related to the use of three procedural arguments: environmental impact studies, public audiences and land use dispositions. Our first conclusions suggest that struggle groups invoke a strategic use of law beyond environmental crime, which is closer to the legitimatory effect of scientific evidence and to formal, administrative or other non-environmental regulations aspects, whose failure to comply is more clearly and forcefully presented to the forms of ideological enunciation and appropriation of the legal authorities.