The under-complexity of social rights

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Abstract

This essay aims to critically observe the societal structure of social rights and the inner-societal processes that shape them. The concern is with the systemic and operative consequences that social rights unleash, support or promote regarding the political and the legal system. For this purpose, and following the main premises of the sociology of Niklas Luhmann, echo is given to an interpretation of rights as a language power, concluding that social rights induce the expansion and growth of both the political and legal autopoietic operativities. In face of the fact that social rights know no inbuilt device to restrict or limit those expansionary tendencies, their under-complexity is ascertained based on the negative disruptions that may come thereof for the political system, the legal system and the functional differentiated society as a whole.
Original languageEnglish
JournalLisbon Law Review - Revista da Faculdade de Direito da Universidade de Lisboa
Publication statusPublished - 2015

Keywords

  • Social rights

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