Solidaridad y responsabilidad: Derechos y obligaciones

In a context of cultural plurality and claims of identity recognition, the law may lose its political and even its anthropological legitimacy as it is difficult to find a single group as its material source. In order to find a new legitimacy for the law in culturally diverse societies, it is proposed to investigate two ideas previous to the Enlightenment, such as the conception of law as something prior to the political, and the idea of law in Greece. Indeed, on the one hand, it can be maintained that human rights are prior to the legal system, so if they are endowed with a universal dimension, the law cannot be a faithful transcription of the dominant culture. On the other hand, if we adopt the Athenian idea of a law as a delimiting perimeter of the coexistence space, the law can have a «call effect» to participate in the conquest of rights and will be in the course of that emancipatory path.