Journal title SOCIOLOGIA E POLITICHE SOCIALI
Author/s Niklas Luhmann
Publishing Year 2001 Issue 2001/1 Language Italian
Pages 50 P. File size 324 KB
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This essay understands the development of subjective rights as a part of the process of functional differentiation of society. Subjective rights are based on the complementarity of expectations, and seem to protect the individual form State power while guaranteing him all the benefits of the Welfare State. In fact, the subjective culture of rights was needed to hide the fact that modern law has no foundations and to help its differentiation from religion, politics and solidarity. Today modern law can stand by itself without having to point to any external foundation, including the subject himself.
Niklas Luhmann, Diritti soggettivi. Mutamenti nella coscienza giuridica per la società moderna in "SOCIOLOGIA E POLITICHE SOCIALI" 1/2001, pp , DOI: