This present work addresses the interrelation of two closely intertwined issues, of paramount importance to legal knowledge: rights and social cohesion, and to what extent the exercise of the former provides an optimal means to achieve social balance. The issue is approached by situating it, from a theoretical perspective, in the “legal space”, and five different historical modulations are distinguished: i. the understanding of rights prevailing in the ancient regime, linked to the conception of power as iurisdictio; ii. the placement of rights within the new nation-states; iii. the innovations in this field brought about in the first half of the twentieth century by the emergence of social rights and human rights; iv. and, finally, as a characteristic feature of the present, the resolute placement of rights in the international sphere and their status as principles applied by judicial argumentation.
Derechos y cohesión social. Una perspectiva histórico-jurídica
Meccarelli, Massimo
2023-01-01
Abstract
This present work addresses the interrelation of two closely intertwined issues, of paramount importance to legal knowledge: rights and social cohesion, and to what extent the exercise of the former provides an optimal means to achieve social balance. The issue is approached by situating it, from a theoretical perspective, in the “legal space”, and five different historical modulations are distinguished: i. the understanding of rights prevailing in the ancient regime, linked to the conception of power as iurisdictio; ii. the placement of rights within the new nation-states; iii. the innovations in this field brought about in the first half of the twentieth century by the emergence of social rights and human rights; iv. and, finally, as a characteristic feature of the present, the resolute placement of rights in the international sphere and their status as principles applied by judicial argumentation.File | Dimensione | Formato | |
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