Abstract

Assuming law as a social practice or legal culture, or as the set of conceptual operations practiced by legal practitioners in their interpretative and decision-making activities, this contribution investigates the emergence and use of the concept of “critical review of anti-juridical conductµ as a “reporting mechanismµ of the decisions made by the surveillance judiciary in relation to the granting of alternative measures to detention. A rather vague concept, referring to a generic normative formulation that claims to access an introspective dimension, its use appears as the symptom of a particular permeability of judgment with respect to considerations that are not strictly technical-legal with the result of producing an instrumental distortion of the legal provision.