Las diversidades y el derecho (Human Diversity and the Law)

Revista Crítica de Derecho Privado, n. 1/2007, 61-79

11 Pages Posted: 10 Jan 2013 Last revised: 10 Jan 2022

See all articles by Mauro Bussani

Mauro Bussani

University of Trieste School of Law

Date Written: June 10, 2006

Abstract

The paper tackles some of the most crucial issues concerning individuals’ diversity under the law. In the first part, the paper presents the idea that has attracted most of the attention of the legal debate on diversity, that is, the idea that people should be conceived by the law as (formally and abstractly equal) right-holders. The second part of the paper analyzes the critiques that have been addressed against this view, focusing in particular on the reduced capacity of formal/abstract equality to confront, not with an equally formal/abstract idea of diversity, but with the actual stratification and inner dynamics of identities most individuals are made up of. The theory and practice of human rights is then used as a case study to demonstrate the extent to which the legal debate on diversity is often unaware of the limits affecting the traditional, monolithic view of the individual as right-holder.

Note: Downloadable document is in Spanish.

Keywords: Legal diversity, Human Rights, Comparative Law

JEL Classification: K10

Suggested Citation

Bussani, Mauro, Las diversidades y el derecho (Human Diversity and the Law) (June 10, 2006). Revista Crítica de Derecho Privado, n. 1/2007, 61-79, Available at SSRN: https://ssrn.com/abstract=2199151

Mauro Bussani (Contact Author)

University of Trieste School of Law ( email )

Piazzale Europa 1
Trieste, Trieste 34100
Italy

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