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Paradoxes of Subjective Social Rights — Ricardo Rivero Ortega

Ricardo Rivero Ortega: Law Collection (Spanish)

Paradoxes of Subjective Social Rights

by Ricardo Rivero Ortega

A short essay on the overuse of subjective rights to achieve solidarity (education, healthcare, housing) and a return to duties and the common good. In Spanish and in English.

ENParadoxes of Subjective Social Rights

Look inside · PDFFirst pages as PDF

ESParadojas de los derechos sociales subjetivos

Look inside · PDFFirst pages as PDF

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About this work

Can solidarity be achieved through subjective rights? Education, healthcare, care, decent housing: social needs are presented today as subjective rights of each person. This essay questions the overuse of that category and its paradoxical effects: the fragmentation of statutory regimes, the budgetary costs and, above all, the neglect of duties and of the liberty of third parties.

Tracing the historical origin of the subjective right, from Aquinas and Ockham to Duguit and Hauriou, and the practical drawbacks of turning education, health or housing into enforceable rights, Ricardo Rivero Ortega proposes a return to objective law and to the complementarity of obligations and duties, and to think rights better from the standpoint of the common good.

English translation of the Spanish essay Paradojas de los derechos sociales subjetivos (2026).

Who it is for. A short essay for lawyers, students and any reader interested in the welfare state.

Contents

Five sections

  1. Abstract
  2. The excessive rise of subjective rights
  3. Personal rights and collective interests: the necessary balance
  4. Practical drawbacks of achieving solidarity through subjective rights (education, healthcare, housing)
  5. The complementarity of duties and obligations
  6. Conclusion: thinking rights better
  7. Bibliography

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ESParadojas de los derechos sociales subjetivos

ENParadoxes of Subjective Social Rights