SUJETO Y SISTEMA. LAS TRANSFORMACIONES EN LA DOCTRINA DEL DERECHO SUBJETIVO DURANTE EL XIX

Abstract

This work traces, departing from the method of structures of thought, the influence of the doctrines of Duns Scotus and Ockham in 19th Century dogmatics. Milestones of this transformation are Windscheid’s doctrine on legal rights and Jellinek’s doctrines on public legal rights and the self-limitation of the state, as well as Laband’s distinction between the material sense of law and the formal. This multiplication of formal distinctions dissolves the modern subject in the system. Only a radical approach enables us to understand the sense of legal modernity: the separation made by Scotus and nominalism between object and subject is what in the final instance explains liberal (possessive) individualism and its legal consequences.