Judicial suitability of the system of the sources of the Law to the Welfare State of today and tomorrow
Abstract
The integral restoration of the ingredients of the Welfare State which had been degraded, is now an impossible task. Some aportations of the ordinary jurisdiction may reveal new aspects concerning the essence and the meaning of the Welfare State. They would comprise the universalisation of the criminal justice, the reconaissance of the market freedom as a fundamental right which implies social roles, the relief of the juridical security for invigorating the system of the sources of law, the changing components registered by the variable contents of the just law, the singularity of the production of the sources of the individual and collective Social Law, the testimonies of the existential plenitude of the law, the unconditional defence of the peace against the aggressions of the organized delinquency, the pedagogic options of an innovator jurisdiction and the profit of the law to promote the continuity of the Welfare State. The erosion of the classic values produces the emergency of another ones which may substitute them gradually for avoiding a noisy social crack.
Published online: 25 November 2014
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Last update: 08/02/2022
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