Law and Literature: Legal Positivism and Historical Memory in Orwell’s Laws; [Direito e literatura: positivismo jurídico e memória histórica nos legados de Orwell]

Avellaneda-Vásquez J. · Revista Oficial del Poder Judicial (2026) · DOI: 10.35292/ropj.v18i25.1469

Resumen

This study embraced the interdisciplinary relationship between law and literature as a substantive, methodological, and pedagogical resource. Its objective was to argue, through Orwell’s novel Animal Farm, how positive law becomes an instrument of political elites who exercise power arbitrarily, to the detriment of constitutionality, democracy, and justice. The methodological approach was qualitative, based on a hermeneutic design. Through literature, the critique of legal positivism made it possible to explain the vision of a deteriorated or absent constitutional state governed by the rule of law, as well as the appearance of a politicized constitutional jurisdiction, positively valid amnesty laws, ad hominem fallacies, and, finally, to emphasize the need to educate new generations in historical memory.

Instituciones: Universidad Científica del Sur