Details
| Original language | Spanish |
|---|---|
| Pages (from-to) | 11-42 |
| Number of pages | 32 |
| Journal | Historia (Chile) |
| Volume | 48 |
| Issue number | 1 |
| Publication status | Published - 2015 |
| Externally published | Yes |
Abstract
This article studies the changes in legal thought, which preceded the constitutional recognition of social rights in Chile. By looking at documents produced between 1880 and 1925, it evaluates how legal scholars perceived the relation between State and welfare. The objective is to illustrate the formation of a critical legal movement, which questioned the normative foundations of the nineteenth-century State, by representing it as a guardian of property rights. This critique of law led to a reevaluation of the legal system, making the State assume the correction of economic inequalities as one of its main functions. The recognition of social rights in the Constitution of 1925 was the culmination of a longer process of legal change.
Keywords
- Chile, Legal thought, Liberalism, Nineteenth century, Political constitution, Social question, Social rights, State, Twentieth century
ASJC Scopus subject areas
- Social Sciences(all)
- Cultural Studies
- Arts and Humanities(all)
- History
- Arts and Humanities(all)
- History and Philosophy of Science
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In: Historia (Chile), Vol. 48, No. 1, 2015, p. 11-42.
Research output: Contribution to journal › Article › Research › peer review
}
TY - JOUR
T1 - Intervenciión del eestado y derechos sociiales. ttransformmaciiones en el pensamimiento jurídiico chiileno en la era de la cuestiión sociial, 1880-1925
AU - Savedra, Manuel Bastías
PY - 2015
Y1 - 2015
N2 - This article studies the changes in legal thought, which preceded the constitutional recognition of social rights in Chile. By looking at documents produced between 1880 and 1925, it evaluates how legal scholars perceived the relation between State and welfare. The objective is to illustrate the formation of a critical legal movement, which questioned the normative foundations of the nineteenth-century State, by representing it as a guardian of property rights. This critique of law led to a reevaluation of the legal system, making the State assume the correction of economic inequalities as one of its main functions. The recognition of social rights in the Constitution of 1925 was the culmination of a longer process of legal change.
AB - This article studies the changes in legal thought, which preceded the constitutional recognition of social rights in Chile. By looking at documents produced between 1880 and 1925, it evaluates how legal scholars perceived the relation between State and welfare. The objective is to illustrate the formation of a critical legal movement, which questioned the normative foundations of the nineteenth-century State, by representing it as a guardian of property rights. This critique of law led to a reevaluation of the legal system, making the State assume the correction of economic inequalities as one of its main functions. The recognition of social rights in the Constitution of 1925 was the culmination of a longer process of legal change.
KW - Chile
KW - Legal thought
KW - Liberalism
KW - Nineteenth century
KW - Political constitution
KW - Social question
KW - Social rights
KW - State
KW - Twentieth century
UR - http://www.scopus.com/inward/record.url?scp=84937107446&partnerID=8YFLogxK
M3 - Article
AN - SCOPUS:84937107446
VL - 48
SP - 11
EP - 42
JO - Historia (Chile)
JF - Historia (Chile)
SN - 0073-2435
IS - 1
ER -