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The legal sublimation of the social function of property

The social function of property oscillates on a paradox that the juridical and political theories of the postwar period hide through the idea of the Rule of Law and the Welfare State. The social function of property illustrates that development of the communicative relations between Politics and Law, in which the first transfers its conflicts to the latter, turning political conflicts into legal ones. As it will be seen in this article, the result of that legal sublimation of the political conflicts is the symbolic generalization of the political expectations in the form of normative expectations, so that in those conditions they can be artificially tranquilized by the conditional programming of the Law.

Politics; Law; Social Function of Property; Systems Theory; Autopoiesis


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