Derechos subjetivos y derechos conflictivos. La Contribución de Herbert L.A. Hart y de Gino Germani a la compresión de los derechos subjetivos en la modernidad líquida

In this paper the Author will discuss the contributions made by Germani to the understanding of rights from a sociological point of view, in modernized societies and in a global context, starting from the famous definition of Marginality as “lack of participation” or “exclusion of rights”. The Author will, then, delineate the meaning of "subjective right" in the realm of a modernized society in which the ideal type of elective action is prevailig. I will deal with this difficult task by illustrating the Herbert Lionel Adolphus Hart’s theory of subjective rights. Hart's studies seem particularly useful because they are consistent with Germani's position. The two authors share a meta-theoretical premise: that human beings deserve to enjoy “equal freedom”. Both later also recognize in the "faculty of choice" of adult human beings, the step that characterizes contemporary society.